HB5073 - Relating to a landlord's duty to provide an accounting statement to a residential tenant.

  89R15140 JBD-F     By: González of Dallas H.B. No. 5073       A BILL TO BE ENTITLED   AN ACT   relating to a landlord's duty to provide an accounting statement to   a residential tenant.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 92, Property Code, is   amended by adding Section 92.027 to read as follows:           Sec.   92.027.     LANDLORD'S DUTY TO PROVIDE ACCOUNTING   STATEMENT ON REQUEST.   (a)   Not later than the third business day   after the date a landlord receives a written request for an   accounting statement from a tenant, the landlord shall provide to   the tenant an accounting statement that includes:                 (1)     the amount of rent owed per payment period under   the lease;                 (2)     the amount of any outstanding balance owed by the   tenant;                 (3)     a description of each charge or fee included in the   balance owed and the date the charge or fee became due;                 (4)     a reference to any lease provision authorizing a   charge or fee other than rent; and                 (5)     the number of payments remaining under the lease,   if any.           (b)     A landlord's failure to provide an accounting statement   as described by Subsection (a) does not invalidate the lease or,   subject to Subsection (c), prevent the landlord from prosecuting or   defending a legal action or proceeding to enforce the lease.           (c)     A landlord may not continue to prosecute and a court   shall abate an action to enforce the lease only until the landlord   provides to a tenant an accounting statement as described by   Subsection (a) if the tenant submits to the court evidence in a plea   in abatement or otherwise that the landlord failed to comply with   Subsection (a).           (d)     A landlord may comply with this section by providing to   a tenant an accounting statement as described by Subsection (a):                 (1)  in a paper format;                 (2)     in an electronic format if requested by the   tenant; or                 (3)     by e-mail if the parties have communicated by   e-mail regarding the accounting statement.           (e)     A tenant or a governmental agency or civic association   acting on the tenant's behalf may file suit against a landlord for a   violation of this section if the landlord fails to provide, not   later than the 10th day after the date the landlord receives a   written request under Subsection (a), an accounting statement as   described by Subsection (a) to the requesting tenant.           (f)     A party who prevails in a suit brought under Subsection   (e) may recover court costs and reasonable attorney's fees from the   other party.   In addition to court costs and reasonable attorney's   fees, a prevailing tenant may recover from the landlord the greater   of one month's rent or $500 for each violation of this section.          SECTION 2.  The changes in law made by this Act apply only to   a request for a copy of an accounting statement submitted by a   tenant to a landlord on or after the effective date of this Act.  A   request for an accounting statement submitted by a tenant to a   landlord before the effective date of this Act is governed by the   law in effect immediately before the effective date of this Act, and   the former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.