HB 1711
AN ACT relating to notice and opportunity to cure a tenant's default that
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
This Texas bill modifies eviction notice requirements for residential tenants, giving them more opportunities to resolve lease defaults before facing eviction. For rent-related defaults, landlords must provide a 5-day written notice allowing tenants to pay delinquent rent, with tenants limited to one cure per 12-month period. For non-rent related defaults that can be corrected, landlords must also provide a 5-day written notice specifying the issue and giving the tenant a chance to fix the problem before initiating eviction proceedings.
Subject Areas
Bill Text
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 Sec. 24.005. NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR SECTION 2. Section 24.005, Property Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to (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 (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.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to notice and opportunity to cure a tenant's default that
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