Bill Text: TX SB518 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to remedies after certain casualty losses to residential rental premises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-30 - Left pending in committee [SB518 Detail]
Download: Texas-2019-SB518-Introduced.html
86R6239 PMO-F | ||
By: Zaffirini | S.B. No. 518 |
|
||
|
||
relating to remedies after certain casualty losses to residential | ||
rental premises. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 92.054, Property Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsections (b-1), | ||
(b-2), (b-3), (b-4), (b-5), (d), (e), (f), and (g) to read as | ||
follows: | ||
(b) If after a casualty loss the rental premises are as a | ||
practical matter totally unusable for residential purposes and if | ||
the casualty loss is not caused by the negligence or fault of the | ||
tenant, a member of the tenant's family, or a guest or invitee of | ||
the tenant, either the landlord or the tenant may terminate the | ||
lease by giving written notice to the other any time before repairs | ||
are completed. | ||
(b-1) A notice described by Subsection (b) must be provided: | ||
(1) to a landlord: | ||
(A) by hand delivery or mail to a forwarding | ||
address that the landlord provides to the tenant by e-mail or | ||
otherwise; or | ||
(B) if a forwarding address has not been provided | ||
as described by Paragraph (A): | ||
(i) by hand delivery to the landlord or the | ||
landlord's representative at another location; or | ||
(ii) by mail to the place where the tenant's | ||
rent is normally paid; or | ||
(2) to a tenant: | ||
(A) by hand delivery or mail to a forwarding | ||
address that the tenant provides to the landlord by e-mail or | ||
otherwise; or | ||
(B) if a forwarding address has not been provided | ||
as described by Paragraph (A): | ||
(i) by hand delivery to the tenant at | ||
another location; or | ||
(ii) by mail to the tenant's rental | ||
premises. | ||
(b-2) A termination of a lease as authorized by Subsection | ||
(b) may not take effect before the 15th day after the date the | ||
notice is delivered. If more than one method under Subsection (b-1) | ||
is used to provide notice, the method under which the notice was | ||
delivered on the earliest date applies for purposes of this | ||
subsection. | ||
(b-3) A landlord may not charge rent for the rental premises | ||
and rent for the rental premises may not accrue after the date the | ||
premises became as a practical matter totally unusable for | ||
residential purposes as a result of a casualty loss. | ||
(b-4) Subject to Subsection (b-5) and notwithstanding that | ||
the termination of the lease has not taken effect under Subsection | ||
(b-2), if a notice to terminate [ |
||
this section [ |
||
later than the fifth day after the date the notice is delivered: | ||
(1) a refund of any prepaid rent; | ||
(2) [ |
||
from the date the rental premises became as a practical matter | ||
totally unusable for residential purposes as a result of a casualty | ||
loss; [ |
||
(3) [ |
||
[ |
||
(b-5) If a tenant has not provided the landlord a forwarding | ||
address as described by Subsection (b-1)(2)(A), the period for | ||
providing the refund amounts specified by Subsection (b-4) is | ||
tolled until the tenant provides the landlord a written statement | ||
by e-mail or otherwise of the tenant's forwarding address for the | ||
purpose of refunding those amounts. A tenant that provides notice | ||
under Subsection (b) may provide the written statement of the | ||
tenant's forwarding address in that notice. A landlord that | ||
provides notice under Subsection (b) must include a statement | ||
informing the tenant of the requirement of this subsection. | ||
(c) If after a casualty loss the rental premises are | ||
partially unusable for residential purposes and if the casualty | ||
loss is not caused by the negligence or fault of the tenant, a | ||
member of the tenant's family, or a guest or invitee of the tenant, | ||
the tenant is entitled to reduction in the rent for the month in | ||
which the casualty loss occurs and any subsequent months in the | ||
lease term in which the rental premises are partially unusable for | ||
residential purposes. The tenant is entitled to determine the | ||
amount of the reduction in the rent, provided that the tenant must | ||
determine [ |
||
premises are unusable because of the casualty loss [ |
||
|
||
reduction in rent may deduct and withhold from a rent payment the | ||
amount determined by the tenant [ |
||
|
||
(d) It is a defense in a proceeding to recover unpaid rent | ||
for a rental premises, including a proceeding to recover possession | ||
of a rental premises for nonpayment of rent, that a rent payment was | ||
reduced, deducted, and withheld in accordance with Subsection (c). | ||
(e) If a tenant asserts a defense under Subsection (d), the | ||
court shall determine the amount of the reduction in the rent that | ||
is proportionate to the extent the premises are unusable because of | ||
the casualty. If the tenant withheld an amount less than the amount | ||
determined by the court, the court shall enter a judgment for the | ||
tenant in an amount equal to the amount the tenant overpaid. If the | ||
tenant withheld an amount greater than the amount determined by the | ||
court, the court: | ||
(1) may assess late fees in accordance with the lease | ||
if the court finds that the tenant acted in bad faith in reducing or | ||
withholding the rent payment; | ||
(2) shall order the tenant to pay into the registry of | ||
the court or, if the landlord consents in writing, directly to the | ||
landlord: | ||
(A) an amount equal to the amount the tenant | ||
underpaid; and | ||
(B) any late fees assessed under Subdivision (1); | ||
(3) may not enter a final judgment in the proceeding | ||
before the 10th business day after the date the court issued the | ||
order of payment under Subdivision (2); and | ||
(4) shall dismiss the proceeding against the tenant if | ||
the tenant complies with the order of payment under Subdivision (2) | ||
before the 10th business day after the date the court issued the | ||
order of payment under Subdivision (2). | ||
(f) It is a defense in a proceeding to recover possession of | ||
a rental premises after the landlord terminates a lease under this | ||
section that the premises are totally or partially usable for | ||
residential purposes. | ||
(g) A provision of a lease is void if the provision purports | ||
to: | ||
(1) waive a right or exempt a party from a liability or | ||
duty under this section; or | ||
(2) expand a party's right to unilaterally terminate a | ||
lease under this section. | ||
SECTION 2. The changes to law made by this Act apply only to | ||
a lease entered into or renewed on or after the effective date of | ||
this Act. A lease entered into or renewed before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |