landlords owe tenants a rent statement within three business days

The text as introduced · 538 words

89R15140 JBD-F

By: González of Dallas
H.B. No. 5073

A BILL TO BE ENTITLED

AN ACT

relating to a landlord's duty to provide an accounting statement to

a residential 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 92.027 to read as follows:

Sec. 92.027. LANDLORD'S DUTY TO PROVIDE ACCOUNTING

STATEMENT ON REQUEST. (a) Not later than the third business day

after the date a landlord receives a written request for an

accounting statement from a tenant, the landlord shall provide to

the tenant an accounting statement that includes:

(1) the amount of rent owed per payment period under

the lease;

(2) the amount of any outstanding balance owed by the

tenant;

(3) a description of each charge or fee included in the

balance owed and the date the charge or fee became due;

(4) a reference to any lease provision authorizing a

charge or fee other than rent; and

(5) the number of payments remaining under the lease,

if any.

(b) A landlord's failure to provide an accounting statement

as described by Subsection (a) does not invalidate the lease or,

subject to Subsection (c), prevent the landlord from prosecuting or

defending a legal action or proceeding to enforce the lease.

(c) A landlord may not continue to prosecute and a court

shall abate an action to enforce the lease only until the landlord

provides to a tenant an accounting statement as described by

Subsection (a) if the tenant submits to the court evidence in a plea

in abatement or otherwise that the landlord failed to comply with

Subsection (a).

(d) A landlord may comply with this section by providing to

a tenant an accounting statement as described by Subsection (a):

(1) in a paper format;

(2) in an electronic format if requested by the

tenant; or

(3) by e-mail if the parties have communicated by

e-mail regarding the accounting statement.

(e) A tenant or a governmental agency or civic association

acting on the tenant's behalf may file suit against a landlord for a

violation of this section if the landlord fails to provide, not

later than the 10th day after the date the landlord receives a

written request under Subsection (a), an accounting statement as

described by Subsection (a) to the requesting tenant.

(f) A party who prevails in a suit brought under Subsection

(e) may recover court costs and reasonable attorney's fees from the

other party. In addition to court costs and reasonable attorney's

fees, a prevailing tenant may recover from the landlord the greater

of one month's rent or $500 for each violation of this section.

SECTION 2. The changes in law made by this Act apply only to

a request for a copy of an accounting statement submitted by a

tenant to a landlord on or after the effective date of this Act. A

request for an accounting statement submitted by a tenant to a

landlord before the effective date of this Act is governed by the

law in effect 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 September 1, 2025.