HB1711 - Relating to notice and opportunity to cure a tenant's default that must be given before filing an eviction suit.

  89R6009 RAL-F     By: Collier H.B. No. 1711       A BILL TO BE ENTITLED   AN ACT   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   amended to read as follows:          Sec. 24.005.  NOTICE TO CURE DEFAULT; NOTICE TO VACATE PRIOR   TO FILING EVICTION SUIT.          SECTION 2.  Section 24.005, Property Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (a-2) to   read as follows:          (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   of Section 91.001.           (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.