bill giving late tenants five days before a vacate notice

The text as introduced · 546 words

89R6009 RAL-F

By: Collier
H.B. No. 1711

A BILL TO BE ENTITLED

AN ACT

relating to notice and opportunity to cure a tenant's default that

must be given before filing an eviction suit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 24.005, Property Code, is

amended to read as follows:

Sec. 24.005. NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR

TO FILING EVICTION SUIT.

SECTION 2. Section 24.005, Property Code, is amended by

amending Subsection (a) and adding Subsections (a-1) and (a-2) to

read as follows:

(a) Subject to Subsections (a-1) and (a-2), if [ If ] the

occupant is a tenant under a written lease or oral rental agreement,

the landlord must give a tenant who defaults or holds over beyond

the end of the rental term or renewal period at least three days'

written notice to vacate the premises before the landlord files a

forcible detainer suit[ , unless the parties have contracted for a

shorter or longer notice period in a written lease or agreement ]. A

landlord who files a forcible detainer suit on grounds that the

tenant is holding over beyond the end of the rental term or renewal

period must also comply with the tenancy termination requirements

of Section 91.001.

(a-1) The landlord must give a residential tenant who

defaults for nonpayment of rent written notice demanding payment of

delinquent rent and an opportunity to cure the default by paying the

delinquent rent, except as otherwise provided by this subsection.

If the tenant fails to cure the default on or before the fifth

calendar day after the date written notice is delivered under this

subsection, the landlord may issue the notice to vacate under

Subsection (a). The written notice under this subsection must be

given in accordance with Subsection (f) or (f-1) and must state that

if the default is not cured within five calendar days, the landlord

may give notice to vacate. Unless the lease provides otherwise, a

tenant may not cure a default for nonpayment of rent under this

subsection more than one time in any 12-month period.

(a-2) The landlord must give a residential tenant who

defaults for a reason other than nonpayment of rent written notice

specifying the default and an opportunity to cure the default, if

the reason for the default can be cured. If the tenant fails to cure

the default on or before the fifth calendar day after the date

written notice is delivered under this subsection, the landlord may

issue the notice to vacate under Subsection (a). The written notice

under this subsection must be given in accordance with Subsection

(f) or (f-1) and must state that if the default is not cured within

five calendar days, the landlord may give notice to vacate.

SECTION 3. The changes in law made by this Act to Section

24.005, Property Code, apply only to a notice to vacate given on or

after the effective date of this Act. A notice to vacate given

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 4. This Act takes effect September 1, 2025.