H.B. No. 79 amends Section 24.005 of the Texas Property Code to modify the notice period required for certain evictions. The bill establishes that landlords must provide tenants—whether under a written lease, oral rental agreement, or tenants at will—at least 14 days' written notice to vacate before filing a forcible detainer suit, unless a different notice period is specified in a lease or agreement. Additionally, if a property is sold at a tax foreclosure or trustee's foreclosure sale, the new owner must give residential tenants at least 30 days' notice to vacate if they choose not to continue the lease, provided the tenant has been timely in paying rent.
The bill also introduces a new provision, Subsection (b-1), which allows landlords to file a forcible detainer suit on or after the third day following the notice to a tenant if the lease is terminated as per Section 91.003. The changes in law will only apply to eviction suits where the notice to vacate is given on or after the effective date of the Act, while suits with notices given prior will be governed by the previous law. The Act is set to take effect 91 days after the end of the legislative session.
Statutes affected: Introduced: Property Code 24.005 (Property Code 24)