Bill Text: TX SB1202 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the rehabilitation, demolition, or change in use of residential property occupied by a tenant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-09 - Referred to Business & Commerce [SB1202 Detail]
Download: Texas-2017-SB1202-Introduced.html
85R6599 BEE-D | ||
By: Schwertner | S.B. No. 1202 |
|
||
|
||
relating to the rehabilitation, demolition, or change in use of | ||
residential property occupied by a tenant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 92, Property Code, is | ||
amended by adding Section 92.026 to read as follows: | ||
Sec. 92.026. REHABILITATION, DEMOLITION, OR CHANGE IN USE. | ||
(a) Unless there is a casualty loss making a rental premises | ||
unusable for residential purposes, a landlord may not refuse to | ||
renew a tenant's lease to allow the landlord to rehabilitate, sell | ||
or close for demolition and redevelopment, or change the use of the | ||
rental unit or premises unless the landlord delivers a notice to the | ||
tenant that: | ||
(1) states the date on which the rehabilitation of the | ||
rental unit or premises will begin, the rental unit or premises will | ||
be offered for sale or closed, or the use of the rental unit or | ||
premises will change, as applicable; | ||
(2) informs the tenant that the tenant must relocate | ||
on a specific date, which may not be earlier than the later of: | ||
(A) the 120th day after the date the landlord | ||
delivers the notice; | ||
(B) the day after the last day of the current | ||
school year, if any occupant of the rental unit is a school-age | ||
child and school is in session; or | ||
(C) the 180th day after the date the landlord | ||
delivers the notice to the tenant, if the rental unit is a | ||
single-family house or duplex; and | ||
(3) if the rental unit is a single-family house or | ||
duplex that the landlord intends to sell for demolition and | ||
redevelopment, informs the tenant that the tenant has the right of | ||
first refusal to purchase the property. | ||
(b) A landlord may not: | ||
(1) change the use of the rental unit or premises, | ||
terminate or modify a lease, or require a tenant to relocate under | ||
this section before the expiration of a lease term; | ||
(2) require a tenant to relocate before the applicable | ||
date described by Subsection (a)(2); | ||
(3) refuse to offer the tenant the right of first | ||
refusal to purchase the property, if the rental unit is a | ||
single-family house or duplex that the landlord intends to sell for | ||
demolition and redevelopment; or | ||
(4) intentionally attempt to deter or deter a tenant | ||
from renewing a lease to avoid application of this section by | ||
raising the tenant's rent, depriving the tenant of the use of the | ||
premises, or decreasing services to the tenant. | ||
(c) If a tenant is required to relocate under this section, | ||
the landlord shall promptly return the tenant's security deposit | ||
if: | ||
(1) all fixtures and appliances of the rental unit | ||
remain in the rental unit; and | ||
(2) all property of the tenant is removed from the | ||
premises by the tenant on or before the date the tenant moves out of | ||
the rental unit. | ||
(d) A tenant may recover from a landlord who violates this | ||
section: | ||
(1) actual damages; | ||
(2) injunctive relief; | ||
(3) exemplary damages of $1,000 plus an amount equal | ||
to one month's rent; and | ||
(4) court costs and reasonable attorney's fees. | ||
(e) Notwithstanding Section 41.004(a), Civil Practice and | ||
Remedies Code, a court shall award exemplary damages under | ||
Subsection (d)(3) to a prevailing tenant irrespective of whether | ||
the tenant is awarded actual damages. | ||
(f) To the extent that a local ordinance provides greater | ||
protection to a tenant than is provided by this section, the local | ||
ordinance prevails. | ||
(g) A provision of a lease that purports to waive a right or | ||
exempt a party from liability or a duty under this section is void. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a lease agreement entered into or renewed on or after the effective | ||
date of this Act. A lease agreement 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 the former | ||
law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect January 1, 2018. |