SB1802 - Relating to a landlord's duty to repair or remedy certain conditions.

      By: Alvarado, et al. S.B. No. 1802     (Button)           A BILL TO BE ENTITLED   AN ACT   relating to a landlord's duty to repair or remedy certain   conditions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 92.052(a), Property Code, is amended to   read as follows:          (a)  A landlord shall make a diligent effort to repair or   remedy a condition if:                (1)  the tenant specifies the condition in a notice to   the person to whom or to the place where rent is normally paid;                (2)  the tenant is not delinquent in the payment of rent   at the time notice is given; and                (3)  the condition:                      (A)  materially affects the physical health or   safety of an ordinary tenant; or                      (B)  arises from :                             (i)   the landlord's failure to provide and   maintain in good operating condition a device to supply hot water of   a minimum temperature of 120 degrees Fahrenheit ; or                             (ii)     the landlord's failure to maintain in   good operating condition a ramp, elevator, or handrail located on   the route to or from or inside of the tenant's dwelling .          SECTION 2.  Section 92.056, Property Code, is amended by   amending Subsection (b) and adding Subsections (e-1) and (e-2) to   read as follows:          (b)  A landlord is liable to a tenant as provided by this   subchapter if:                (1)  the tenant has given the landlord notice to repair   or remedy a condition by giving that notice to the person to whom or   to the place where the tenant's rent is normally paid;                (2)  the condition :                       (A)   materially affects the physical health or   safety of an ordinary tenant; or                       (B)     arises from the landlord's failure to   maintain in good operating condition or provide a functionally   equivalent alternative to a ramp, elevator, or handrail located on   an accessible route to or from or inside of the tenant's dwelling;                (3)  the tenant has given the landlord a subsequent   written notice to repair or remedy the condition after a reasonable   time to repair or remedy the condition following the notice given   under Subdivision (1) or the tenant has given the notice under   Subdivision (1) by sending that notice by certified mail, return   receipt requested, by registered mail, or by another form of mail   that allows tracking of delivery from the United States Postal   Service or a private delivery service;                (4)  the landlord has had a reasonable time to repair or   remedy the condition after the landlord received the tenant's   notice under Subdivision (1) and, if applicable, the tenant's   subsequent notice under Subdivision (3);                (5)  the landlord has not made a diligent effort to   repair or remedy the condition after the landlord received the   tenant's notice under Subdivision (1) and, if applicable, the   tenant's notice under Subdivision (3); and                (6)  the tenant was not delinquent in the payment of   rent at the time any notice required by this subsection was given.           (e-1)     If a landlord is liable to a tenant under Subsection   (b)(2)(B), the landlord may provide at no cost to the tenant   alternative housing accommodations until the condition described   by that subsection is repaired or remedied or until the end of the   tenant's lease term.           (e-2)     Nothing in this section may be construed to require a   landlord or other property owner to provide alternative housing   accommodations or relocation assistance to any person.          SECTION 3.  The changes in law made by this Act apply only to   a lease entered into or renewed on or after the effective date of   this Act.  A lease entered into or renewed before the effective date   of this Act is governed by the law as it existed immediately before   that date, and the former law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect September 1, 2025.