§ 4-14-104 — REQUIREMENTS

§ 4-14-104 - REQUIREMENTS.

(A) Except as provided in Subsection (E), a landlord shall give a tenant a notice of proposed eviction prior to giving the tenant a notice to vacate. (B) A notice of proposed eviction must be in writing and include: (1) a statement that complies with Subsection (D); (2) the lease violations that may result in an eviction; (3) a right for the tenant to cure any violations, including delinquent payments or other lease violations; (4) the time period to cure the lease violations described in Subsection (B)(2); and (5) a notice of tenants' rights that complies with Subsection (F). (C) A notice of proposed eviction shall be: (1) provided to a tenant in a manner described in Section 24.005(f) of the Texas Property Code; (2) delivered using an email address or web portal the landlord uses to communicate with the tenant in the regular course of business activity; or (3) posted on the front door of the tenant's dwelling. (D) The statement shall: (1) be in 16-point font, bold typeface, and underlined; (2) be placed at the top of the first page of the notice of proposed eviction; and (3) include the following text in English and Spanish: "A NOTICE OF PROPOSED EVICTION AND OPPORTUNITY TO CORRECT LEASE VIOLATIONS. YOU DO NOT HAVE TO MOVE WHEN YOU GET THIS NOTICE. ESTO ES UN AVISO DE PROPUESTA DE DESALOJO Y OPORTUNIDAD DE CORREGIR VIOLACIONES AL CONTRATO DE ALQUILER. NO TIENE QUE MUDARSE AL RECIBIR ESTE AVISO." (E) A landlord is not required to provide a notice of proposed eviction when: (1) the actions of the tenant, or the tenant's household members or guests, pose an imminent threat of physical harm to the landlord, the landlord's employees, or other tenants, including other tenants within the household; (2) the tenant, or the tenant's household members or guests, engage in criminal activity; (3) an insured casualty loss such as fire, smoke, hail, explosion, or a similar cause creates a condition that makes the residential premises totally unusable; (4) the tenant, or the tenant's household members or guests, intentionally damages property on the premises; or (5) the tenant holds over after giving notice of termination or intent to vacate or receiving a demand for possession at the end of their lease term and after receiving a notice of non-renewal; or (6) the notice of proposed eviction would be the fourth notice of proposed eviction to the same tenant for the same violation unless the violation is for the non-payment of rent. (F) A notice of tenants' rights must be written in English and Spanish, include a link to the City's tenant assistance program webpage, and provide information about: (1) a tenant's right to remain at the property while the eviction process moves forward; and (2) eviction-related legal resources that are available to the tenant.

(Ord. No. 20221027-023, Pt. 3, 11-7-22)