Bill Text: TX HB69 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the right to vacate and avoid liability under a residential lease after a tenant's death.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2019-06-15 - Effective on 1/1/20 [HB69 Detail]

Download: Texas-2019-HB69-Introduced.html
  86R2564 PMO-F
 
  By: Minjarez H.B. No. 69
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right to vacate and avoid liability under a
  residential lease after a tenant's death.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.0162 to read as follows:
         Sec. 92.0162.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
  TENANT'S DEATH. (a) The estate or a family member of a tenant who
  dies before the expiration of the tenant's lease may terminate the
  tenant's rights and obligations under the lease and may vacate the
  dwelling and avoid liability for future rent and any other sums due
  under the lease for terminating the lease and vacating the dwelling
  before the end of the lease term after the estate or the family
  member of the deceased tenant complies with Subsection (b).
         (b)  The estate or a family member of the deceased tenant
  exercising the rights under Subsection (a) must:
               (1)  provide to the landlord timely notice:
                     (A)  informing the landlord of the tenant's death;
  and
                     (B)  identifying the representative of the estate
  or family member of the deceased tenant acting as authorized under
  this section;
               (2)  remove the deceased tenant's property and
  otherwise vacate the premises on or before the next date on which
  rent would be due under the lease; and
               (3)  otherwise comply with the terms of the lease,
  including:
                     (A)  paying delinquent rent payments and other
  delinquent amounts due under the lease; and
                     (B)  repairing any damage to the premises unless
  the condition was caused by normal wear and tear.
         (c)  On receipt of the notice provided under Subsection (b),
  the landlord shall provide a copy of the written lease agreement to
  the person identified in the notice.
         (d)  If the representative of the tenant's estate or the
  tenant's family member fails to vacate the premises or to otherwise
  comply with the lease agreement as provided by Subsection (b), the
  tenant's estate:
               (1)  is liable for rent payments for any period during
  which the premises remain occupied; and
               (2)  may be subject to any other penalty imposed by the
  lease.
         (e)  A landlord may not impose any penalty, including an
  early move-out or reletting charge, for the sole reason that the
  lease was terminated because of a tenant's death. A lease provision
  that imposes a penalty under the circumstances described by this
  subsection is void.
         SECTION 2.  Section 92.0162, Property Code, as added by this
  Act, applies only to a lease agreement entered into on or after the
  effective date of this Act. A lease agreement entered into before
  the effective date of this Act is governed by the law in effect at
  the time the lease agreement was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
feedback