HB4305 - Relating to disclosure of rent and certain fees and charges by a landlord.

  89R6003 ATP-F     By: Gates H.B. No. 4305       A BILL TO BE ENTITLED   AN ACT   relating to disclosure of rent and certain fees and charges by a   landlord.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 92, Property Code, is   amended by adding Section 92.0115 to read as follows:           Sec.   92.0115.     DISCLOSURE OF RENT AND CERTAIN FEES AND   CHARGES. (a) A monthly fixed, recurring fee to be charged by a   landlord to a tenant during the lease term as a condition of leasing   a dwelling must be disclosed by the landlord with or alongside the   rent in a lease quote, a rental application, and any advertisement   or listing that includes the rental price for the dwelling. For   purposes of this subsection, a fixed, recurring fee is charged to   the tenant in the same amount each month and includes valet trash   fees, insurance fees, pest control fees, Internet fees, cable fees,   amenity fees, washer and dryer usage fees, and fees for services   provided by a third party at the direction of the landlord.           (b)     The lease must also state clearly and conspicuously on   the first page the following fees and charges that the tenant is   responsible for paying under the lease:                 (1)     the monthly rent without any fees described by   Subsection (a);                 (2)     an itemized list of each fee described by   Subsection (a);                 (3)     an itemized list of each fixed or one-time charge   or fixed fee not included under Subdivision (1) or (2), including   pet fees and fees for goods, services, or amenities that the tenant   has opted to receive;                 (4)     the security deposit amount or, if the tenant   opted to pay a fee in lieu of a security deposit under Section   92.111, the amount of the fee and the disclosure required under   Section 92.111(b)(2);                 (5)     an itemized list of goods, services, or amenities   with variable charges, including any utilities with variable   charges;                 (6)     an itemized list of charges for any lease   violation, including holdover fees;                 (7)  any late fee charges; and                 (8)  any returned check or rejected payment fee.           (c)     Any change to a fee or charge described by Subsection   (a) or (b) must be agreed to in writing by the landlord and tenant.   A tenant may not waive this subsection.           (d)     In addition to the disclosures required under   Subsection (a), a lease quote and a rental application must clearly   and conspicuously state:                 (1)     an itemized list of charges for any optional   goods, services, or amenities the landlord is offering to the   tenant in the rental of the unit and information on the tenant's   right to receive housing even if the tenant does not opt into   receiving the good, service, or amenity;                 (2)     an itemized list of goods, services, or amenities   with variable charges that the landlord will require the tenant to   pay during the lease term as a condition of leasing the dwelling;                 (3)     an itemized list of utilities for which the tenant   is responsible, including whether the utility payment is made to   the landlord or a third party;                 (4)     an itemized list of any nonrefundable charges   assessed by the landlord as part of the application process or   before the execution of a lease, including application fees, hold   fees, and processing fees; and                 (5)     the security deposit amount and, if the landlord   offers a tenant the option of paying a fee in lieu of a security   deposit under Section 92.111, the information required to be in a   written notice under Section 92.111(b).           (e)     A landlord may not assess a tenant a fee or charge that   is not disclosed in the lease as required by Subsection (b).   A   landlord who violates this subsection is liable to the tenant for an   amount equal to the sum of $100, three times the amount of a fee or   charge assessed in violation of this subsection, and the tenant's   reasonable attorney's fees.           (f)     A landlord may not file an eviction proceeding against a   tenant for nonpayment of a fee or charge that is not disclosed in   the lease as required by Subsection (b).           (g)     A prospective tenant may make a written demand to a   landlord requesting the return of an application fee, deposits, and   any other money paid in relation to the rental of a unit if:                 (1)     the landlord's rental application for the unit   does not comply with the disclosure requirements in Subsection (d)   or the amounts for any fixed fees or charges listed in the lease for   the unit exceed the amounts listed for those fees or charges in the   application;                 (2)     the prospective tenant makes the written demand   not later than the 14th business day after the date on which the   prospective tenant receives the lease for the unit; and                 (3)     at the time the prospective tenant makes the   written demand, the prospective tenant has not signed the lease or   taken possession of the unit.           (h)     If a prospective tenant makes a written demand in   accordance with Subsection   (g), the landlord shall return all money   the prospective tenant paid the landlord not later than the fifth   business day after the date on which the landlord receives the   written demand. A landlord who violates this subsection is liable   to the prospective tenant for an amount equal to the sum of $100,   three times the amount of the fee or charge that was not disclosed   in accordance with this section, and the prospective tenant's   reasonable attorney's fees.           (i)     An advertisement or listing made in violation of   Subsection (a) is a false, misleading, or deceptive act or practice   under Subchapter E, Chapter 17, Business & Commerce Code, and is   actionable under that subchapter. A landlord who demonstrates a   good faith effort to comply with the disclosure requirements may   present evidence that a violation was unintentional or resulted   from a clerical error to mitigate penalties.           (j)     This section does not affect or alter a remedy at law or   in equity otherwise available to a tenant.           (k)     A provision of a lease that purports to waive a right or   exempt a party from a liability or duty under this section is void.          SECTION 2.  Section 92.0115, Property Code, as added by this   Act, applies only to a fee or charge under a lease entered into or   renewed, or to be entered into or renewed, on or after the effective   date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.