Bill Text: TX HB69 | 2019-2020 | 86th Legislature | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
86R12427 PMO-F | |||
By: Minjarez | H.B. No. 69 | ||
Substitute the following for H.B. No. 69: | |||
By: Moody | C.S.H.B. No. 69 |
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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) A representative of the estate 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 | ||
leased premises and avoid liability for future rent and any other | ||
sums due under the lease for terminating the lease and vacating the | ||
leased premises before the end of the lease term if: | ||
(1) the representative provides to the landlord or the | ||
landlord's agent written notice of the termination of the lease | ||
under this section; | ||
(2) the deceased tenant's property is removed from the | ||
leased premises: | ||
(A) in accordance with Section 92.014(c), if the | ||
deceased tenant was the sole occupant of the leased premises; or | ||
(B) by a person lawfully entitled to the deceased | ||
tenant's property, if the deceased tenant was not the sole occupant | ||
of the leased premises; and | ||
(3) the person described by Subdivision (2)(B) signs | ||
an inventory of the removed property, if required by the landlord or | ||
the landlord's agent. | ||
(b) Termination of a lease under this section is effective | ||
on the later of: | ||
(1) the 30th day after the date on which the notice | ||
under Subsection (a) was provided; or | ||
(2) the date on which all of the conditions in | ||
Subsection (a) have been met. | ||
(c) On receipt of the notice provided under Subsection (a), | ||
the landlord shall provide a copy of the written lease agreement to | ||
the person who provided the notice. | ||
(d) This section does not affect the obligations or | ||
liability of the tenant or the tenant's estate under the lease | ||
before the lease is terminated under this section, including the | ||
liability of the tenant or the tenant's estate for: | ||
(1) delinquent, unpaid rent; and | ||
(2) damages to the leased premises not caused by | ||
normal wear and tear. | ||
(e) A landlord or landlord's agent who lawfully permits a | ||
person described by Subsection (a) to enter or facilitates the | ||
person's entry into the leased premises under this section is not | ||
liable for an act or omission that arises in connection with | ||
permitting or facilitating the entry. | ||
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. |