Bill Text: TX HB4104 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a student's right to vacate and avoid liability under a residential lease following certain declared disasters.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-29 - Referred to Business & Industry [HB4104 Detail]
Download: Texas-2021-HB4104-Introduced.html
| 87R12666 MWC-D | ||
| By: J. Johnson of Harris | H.B. No. 4104 | |
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| relating to a student's right to vacate and avoid liability under a | ||
| residential lease following certain declared disasters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 92, Property Code, is | ||
| amended by adding Section 92.0171 to read as follows: | ||
| Sec. 92.0171. STUDENT'S RIGHT TO VACATE AND AVOID LIABILITY | ||
| FOLLOWING DECLARED DISASTER. (a) In this section, "institution of | ||
| higher education" means an institution of higher education or a | ||
| private or independent institution of higher education, as those | ||
| terms are defined by Section 61.003, Education Code. | ||
| (b) A tenant who is enrolled as a student at an institution | ||
| of higher education may terminate the tenant's rights and | ||
| obligations under a 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 if: | ||
| (1) the dwelling and the institution of higher | ||
| education at which the student is enrolled are located in an area | ||
| for which the governor has declared a state of disaster under | ||
| Subchapter B, Chapter 418, Government Code; and | ||
| (2) as a result of the declared state of disaster, the | ||
| institution of higher education's campus is closed to students for | ||
| a period of 30 days or more and the tenant is unable to attend | ||
| classes in person. | ||
| (c) A tenant may exercise the rights to terminate the lease | ||
| under Subsection (b), vacate the dwelling before the end of the | ||
| lease term, and avoid liability after the tenant: | ||
| (1) notifies the landlord in writing of the tenant's | ||
| intent to vacate the dwelling before the end of the lease term; and | ||
| (2) provides evidence to the landlord that the tenant | ||
| satisfies the requirements of Subsection (b). | ||
| (d) This section does not affect the obligations or | ||
| liability of the tenant under the lease before the lease is | ||
| terminated under this section, including the liability of the | ||
| tenant for: | ||
| (1) delinquent, unpaid rent; and | ||
| (2) damages to the leased premises not caused by | ||
| normal wear and tear. | ||
| SECTION 2. Section 92.0171, Property Code, as added by this | ||
| Act, applies only to a lease agreement entered into or renewed on or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect January 1, 2022. | ||
