Bucy Bill Stretches Eviction Notice From 3 Days To 14

The text as introduced · 704 words

90R578 SCR-D

By: Bucy
H.B. No. 396

A BILL TO BE ENTITLED

AN ACT

relating to the notice period for certain evictions.

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

SECTION 1. Section 24.005, Property Code, is amended by

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

read as follows:

(a) Except as otherwise provided by Subsection (b-1), 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 14

[ 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. In a forcible detainer suit against a tenant

whose right of possession is terminated based solely on nonpayment

of rent and who was not late or delinquent in paying rent to the

landlord before the month in which the notice is given, written

notice under this section shall be given in the form of a notice to

pay rent or vacate. In a forcible detainer suit against a tenant

whose right of possession is terminated based on nonpayment of rent

and who was late or delinquent in paying rent to the landlord before

the month in which the notice is given, written notice under this

section may be given in the form of either a notice to pay rent or

vacate or a notice to vacate. 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.

(b) Except as otherwise provided by Subsection (b-1), if

[ If ] the occupant is a tenant at will or by sufferance, the landlord

must give the tenant at least 14 [ three ] days' written notice to

vacate 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. If a building is purchased at a tax

foreclosure sale or a trustee's foreclosure sale under a lien

superior to the tenant's lease and the tenant timely pays rent and

is not otherwise in default under the tenant's lease after

foreclosure, the purchaser must give a residential tenant of the

building at least 30 days' written notice to vacate if the purchaser

chooses not to continue the lease. The tenant is considered to

timely pay the rent under this subsection if, during the month of

the foreclosure sale, the tenant pays the rent for that month to the

landlord before receiving any notice that a foreclosure sale is

scheduled during the month or pays the rent for that month to the

foreclosing lienholder or the purchaser at foreclosure not later

than the fifth day after the date of receipt of a written notice of

the name and address of the purchaser that requests payment. Before

a foreclosure sale, a foreclosing lienholder may give written

notice to a tenant stating that a foreclosure notice has been given

to the landlord or owner of the property and specifying the date of

the foreclosure.

(b-1) Notwithstanding Subsections (a) and (b), if the

landlord terminates the lease as provided by Section 91.003, the

landlord may file a forcible detainer suit on or after the third day

after the date the landlord gives notice to a tenant under a written

lease or oral rental agreement or at will or by sufferance.

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

an eviction suit in which the notice to vacate is given on or after

the effective date of this Act. An eviction suit in which the notice

to vacate is 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 3. This Act takes effect September 1, 2027.