first responders can break a lease without owing rent

The text as introduced · 1,030 words

89R11927 JBD-D

By: LaHood
H.B. No. 4179

A BILL TO BE ENTITLED

AN ACT

relating to the right of first responders and their dependents to

vacate and avoid liability under a residential lease.

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

SECTION 1. Section 92.006(g), Property Code, is amended to

read as follows:

(g) A tenant's right to vacate a dwelling and avoid

liability under Section 92.016 , [ or ] 92.017 , or 92.0171 may not be

waived by a tenant or a landlord, except as provided by those

sections.

SECTION 2. Subchapter A, Chapter 92, Property Code, is

amended by adding Section 92.0171 to read as follows:

Sec. 92.0171. RIGHT TO VACATE AND AVOID LIABILITY RELATED

TO EMPLOYMENT AS FIRST RESPONDER. (a) In this section:

(1) "Dependent," with respect to a first responder,

means:

(A) the first responder's spouse;

(B) the first responder's child; or

(C) an individual for whom the first responder

provided more than one-half of the individual's support for 180

days immediately preceding an application for relief under this

section.

(2) "First responder" has the meaning assigned by

Section 78A.001, Civil Practice and Remedies Code.

(b) A tenant who is a first responder or a dependent of a

first responder may vacate the dwelling leased by the tenant and

avoid liability for future rent and all other sums due under the

lease for terminating the lease and vacating the dwelling before

the end of the lease term if:

(1) the lease was executed by or on behalf of a person

who, after executing the lease or during the term of the lease,

becomes employed as a first responder; or

(2) a first responder, while employed as a first

responder, executes the lease and after executing the lease

receives instructions:

(A) to make a permanent residency change as a

condition of continued employment as a first responder; or

(B) to respond to a state of disaster or state of

emergency declared by the governor or the president of the United

States for a period of not less than 90 consecutive days.

(c) A tenant who terminates a lease under Subsection (b)

shall deliver to the landlord or landlord's agent:

(1) a written notice of termination of the lease; and

(2) a copy of an appropriate document providing

evidence of the date of the tenant's employment as a first responder

if Subsection (b)(1) applies or a copy of the first responder's

instructions to make a permanent residency change or respond to a

state of disaster or state of emergency if Subsection (b)(2)

applies.

(d) Termination of a lease under this section is effective:

(1) in the case of a lease that provides for monthly

payment of rent, on the 30th day after the first date on which the

next rental payment is due after the date on which the notice under

Subsection (c)(1) is delivered; or

(2) in the case of a lease other than a lease described

by Subdivision (1), on the last day of the month following the month

in which the notice under Subsection (c)(1) is delivered.

(e) A landlord, not later than the 30th day after the

effective date of the termination of a lease under this section,

shall refund to the residential tenant terminating the lease under

Subsection (b) all rent or other amounts paid in advance under the

lease for any period after the effective date of the termination of

the lease.

(f) Except as provided by Subsection (g), this section does

not affect a tenant's liability for delinquent, unpaid rent or

other sums owed to the landlord before the lease was terminated by

the tenant under this section.

(g) A tenant who terminates a lease under Subsection (b) is

released from all liability for any delinquent, unpaid rent owed to

the landlord by the tenant on the effective date of the lease

termination if the lease does not contain language substantially

equivalent to the following:

"Tenants may have special statutory rights to terminate the

lease early in certain situations involving employment as a first

responder."

(h) A landlord who violates this section is liable to the

tenant for actual damages, an amount equal to the amount of one

month's rent plus $500, and attorney's fees.

(i) Except as provided by Subsection (j), a tenant's right

to terminate a lease before the end of the lease term, vacate the

dwelling, and avoid liability under this section may not be waived

by a tenant.

(j) A tenant and a landlord may agree that the tenant waives

a tenant's rights under this section if the tenant or any dependent

living with the tenant moves into housing provided to first

responders or other housing within 30 miles of the dwelling. A

waiver under this section must be signed and in writing in at least

12-point type in a document separate from the lease. A waiver under

this section does not apply if:

(1) the tenant or the tenant's dependent moves into

housing owned or occupied by family or relatives of the tenant or

the tenant's dependent; or

(2) the tenant and the tenant's dependent move, wholly

or partly, because of a significant financial loss of income caused

by the tenant's employment as a first responder.

(k) For purposes of Subsection (j), "significant financial

loss of income" means a reduction of 10 percent or more of the

tenant's household income caused by the tenant's employment as a

first responder. A landlord is entitled to verify the significant

financial loss of income in order to determine whether a tenant is

entitled to terminate a lease if the tenant has signed a waiver

under this section and moves within 30 miles of the dwelling into

housing that is not owned or occupied by family or relatives of the

tenant or the tenant's dependent. For purposes of this subsection,

a pay stub or other statement of earnings issued by the tenant's

employer is sufficient verification.

SECTION 3. Section 92.0171, Property Code, as added by this

Act, applies only to a lease that is entered into or renewed on or

after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.