HB4179 - Relating to the right of first responders and their dependents to vacate and avoid liability under a residential lease.

  89R11927 JBD-D     By: LaHood H.B. No. 4179       A BILL TO BE ENTITLED   AN ACT   relating to the right of first responders and their dependents to   vacate and avoid liability under a residential lease.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 92.006(g), Property Code, is amended to   read as follows:          (g)  A tenant's right to vacate a dwelling and avoid   liability under Section 92.016 , [ or ] 92.017 , or 92.0171 may not be   waived by a tenant or a landlord, except as provided by those   sections.          SECTION 2.  Subchapter A, Chapter 92, Property Code, is   amended by adding Section 92.0171 to read as follows:           Sec.   92.0171.     RIGHT TO VACATE AND AVOID LIABILITY RELATED   TO EMPLOYMENT AS FIRST RESPONDER. (a)   In this section:                 (1)     "Dependent," with respect to a first responder,   means:                       (A)  the first responder's spouse;                       (B)  the first responder's child; or                       (C)     an individual for whom the first responder   provided more than one-half of the individual's support for 180   days immediately preceding an application for relief under this   section.                 (2)     "First responder" has the meaning assigned by   Section 78A.001, Civil Practice and Remedies Code.             (b)     A tenant who is a first responder or a dependent of a   first responder may vacate the dwelling leased by the tenant and   avoid liability for future rent and all other sums due under the   lease for terminating the lease and vacating the dwelling before   the end of the lease term if:                 (1)     the lease was executed by or on behalf of a person   who, after executing the lease or during the term of the lease,   becomes employed as a first responder; or                 (2)     a first responder, while employed as a first   responder, executes the lease and after executing the lease   receives instructions:                       (A)     to make a permanent residency change as a   condition of continued employment as a first responder; or                       (B)     to respond to a state of disaster or state of   emergency declared by the governor or the president of the United   States for a period of not less than 90 consecutive days.           (c)     A tenant who terminates a lease under Subsection (b)   shall deliver to the landlord or landlord's agent:                 (1)  a written notice of termination of the lease; and                 (2)     a copy of an appropriate document providing   evidence of the date of the tenant's employment as a first responder   if Subsection (b)(1) applies or a copy of the first responder's   instructions to make a permanent residency change or respond to a   state of disaster or state of emergency if Subsection (b)(2)   applies.           (d)  Termination of a lease under this section is effective:                 (1)     in the case of a lease that provides for monthly   payment of rent, on the 30th day after the first date on which the   next rental payment is due after the date on which the notice under   Subsection (c)(1) is delivered; or                 (2)     in the case of a lease other than a lease described   by Subdivision (1), on the last day of the month following the month   in which the notice under Subsection (c)(1) is delivered.           (e)     A landlord, not later than the 30th day after the   effective date of the termination of a lease under this section,   shall refund to the residential tenant terminating the lease under   Subsection (b) all rent or other amounts paid in advance under the   lease for any period after the effective date of the termination of   the lease.           (f)     Except as provided by Subsection (g), this section does   not affect a tenant's liability for delinquent, unpaid rent or   other sums owed to the landlord before the lease was terminated by   the tenant under this section.           (g)     A tenant who terminates a lease under Subsection (b) is   released from all liability for any delinquent, unpaid rent owed to   the landlord by the tenant on the effective date of the lease   termination if the lease does not contain language substantially   equivalent to the following:           "Tenants may have special statutory rights to terminate the   lease early in certain situations involving employment as a first   responder."           (h)     A landlord who violates this section is liable to the   tenant for actual damages, an amount equal to the amount of one   month's rent plus $500, and attorney's fees.           (i)     Except as provided by Subsection (j), a tenant's right   to terminate a lease before the end of the lease term, vacate the   dwelling, and avoid liability under this section may not be waived   by a tenant.           (j)     A tenant and a landlord may agree that the tenant waives   a tenant's rights under this section if the tenant or any dependent   living with the tenant moves into housing provided to first   responders or other housing within 30 miles of the dwelling. A   waiver under this section must be signed and in writing in at least   12-point type in a document separate from the lease. A waiver under   this section does not apply if:                 (1)     the tenant or the tenant's dependent moves into   housing owned or occupied by family or relatives of the tenant or   the tenant's dependent; or                 (2)     the tenant and the tenant's dependent move, wholly   or partly, because of a significant financial loss of income caused   by the tenant's employment as a first responder.           (k)     For purposes of Subsection (j), "significant financial   loss of income" means a reduction of 10 percent or more of the   tenant's household income caused by the tenant's employment as a   first responder. A landlord is entitled to verify the significant   financial loss of income in order to determine whether a tenant is   entitled to terminate a lease if the tenant has signed a waiver   under this section and moves within 30 miles of the dwelling into   housing that is not owned or occupied by family or relatives of the   tenant or the tenant's dependent. For purposes of this subsection,   a pay stub or other statement of earnings issued by the tenant's   employer is sufficient verification.          SECTION 3.  Section 92.0171, Property Code, as added by this   Act, applies only to a lease that is entered into or renewed on or   after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.