SB518 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Texas statutes: Section 92.054, Property Code.

• Section 92.054, Property Code

  If terminated is entitled only to tenant moves out to otherwise required by law in , but only on judgment of a county or district court A landlord and tenant may agree otherwise in a written lease → (b-1) A notice described by Subsection (b) must be provided: (1) to a landlord: (A) by hand delivery or mail to a forwarding address that the landlord provides to the tenant by e-mail or otherwise; or (B) if a forwarding address has not been provided as described by Paragraph (A): (i) by hand delivery to the landlord or the landlord's representative at another location; or (ii) by mail to the place where the tenant's rent is normally paid; or (2) to a tenant: (A) by hand delivery or mail to a forwarding address that the tenant provides to the landlord by e-mail or otherwise; or (B) if a forwarding address has not been provided as described by Paragraph (A): (i) by hand delivery to the tenant at another location; or (ii) by mail to the tenant's rental premises. (b-2) A termination of a lease as authorized by Subsection (b) may not take effect before the 15th day after the date the notice is delivered. If more than one method under Subsection (b-1) is used to provide notice, the method under which the notice was delivered on the earliest date applies for purposes of this subsection. (b-3) A landlord may not charge rent for the rental premises and rent for the rental premises may not accrue after the date the premises became as a practical matter totally unusable for residential purposes as a result of a casualty loss. (b-4) Subject to Subsection (b-5) and notwithstanding that the termination of the lease has not taken effect under Subsection (b-2), if a notice to terminate provided under this section landlord shall pay to the not later than the fifth day after the date the notice is delivered: (1) a refund of any prepaid rent; (2) rental premises became as a practical matter totally unusable for residential purposes as a result of a casualty loss; (3) full (b-5) If a tenant has not provided the landlord a forwarding address as described by Subsection (b-1)(2)(A), the period for providing the refund amounts specified by Subsection (b-4) is tolled until the tenant provides the landlord a written statement by e-mail or otherwise of the tenant's forwarding address for the purpose of refunding those amounts. A tenant that provides notice under Subsection (b) may provide the written statement of the tenant's forwarding address in that notice. A landlord that provides notice under Subsection (b) must include a statement informing the tenant of the requirement of this subsection. for the month in which the casualty loss occurs and any subsequent months in the lease term in which the rental premises are partially unusable for residential purposes. The tenant is entitled to determine the amount of the reduction in the rent, provided that the tenant must determine that is loss A tenant entitled to a reduction in rent may deduct and withhold from a rent payment the amount determined by the tenant (d) It is a defense in a proceeding to recover unpaid rent for a rental premises, including a proceeding to recover possession of a rental premises for nonpayment of rent, that a rent payment was reduced, deducted, and withheld in accordance with Subsection (c). (e) If a tenant asserts a defense under Subsection (d), the court shall determine the amount of the reduction in the rent that is proportionate to the extent the premises are unusable because of the casualty. If the tenant withheld an amount less than the amount determined by the court, the court shall enter a judgment for the tenant in an amount equal to the amount the tenant overpaid. If the tenant withheld an amount greater than the amount determined by the court, the court: (1) may assess late fees in accordance with the lease if the court finds that the tenant acted in bad faith in reducing or withholding the rent payment; (2) shall order the tenant to pay into the registry of the court or, if the landlord consents in writing, directly to the landlord: (A) an amount equal to the amount the tenant underpaid; and (B) any late fees assessed under Subdivision (1); (3) may not enter a final

  amended

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