2022 Texas Statutes
Property Code
Title 8 - Landlord and Tenant
Chapter 93 - Commercial Tenancies
Section 93.013. Certain Unlawful Uses of Premises; Termination of Tenant's Right of Possession

Universal Citation: TX Prop § 93.013 (2022)

Sec. 93.013. CERTAIN UNLAWFUL USES OF PREMISES; TERMINATION OF TENANT'S RIGHT OF POSSESSION. (a) Notwithstanding a provision in a lease to the contrary, a tenant's right of possession terminates and the landlord has a right to recover possession of the leased premises if the tenant is using the premises or allowing the premises to be used for the purposes of prostitution as described by Section 43.02, Penal Code, solicitation of prostitution as described by Section 43.021, Penal Code, promotion of prostitution as described by Section 43.03, Penal Code, aggravated promotion of prostitution as described by Section 43.04, Penal Code, compelling prostitution as described by Section 43.05, Penal Code, or trafficking of persons as described by Section 20A.02, Penal Code.

(b) A landlord who reasonably believes a tenant is using the leased premises or allowing the leased premises to be used for a purpose described by Subsection (a) may file a forcible detainer suit under Chapter 24 seeking possession of the premises and unpaid rent, including rent for any period of occupancy after the tenant's right of possession terminates.

(c) Notwithstanding Section 24.005 or 91.001 or any other law or a provision in the lease to the contrary, the landlord is not required for purposes of a forcible detainer suit authorized by this section:

(1) to give a notice of proposed eviction or a notice of termination before giving notice to vacate; or

(2) to give the tenant more than three days' notice to vacate before filing the suit.

(d) A pending suit brought by the attorney general or a district, county, or city attorney under Chapter 125, Civil Practice and Remedies Code, alleging that a common nuisance is being maintained on the leased premises with respect to an activity described by Subsection (a) is prima facie evidence that the tenant's right of possession has terminated and the landlord has a right to recover possession of the premises under Subsection (a).

(e) A final, nonappealable determination by a court under Chapter 125, Civil Practice and Remedies Code, that a common nuisance is being maintained on the leased premises with respect to an activity described by Subsection (a) creates an irrebuttable presumption that the tenant's right of possession has terminated and the landlord has a right to recover possession of the premises under Subsection (a).

Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 19, eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 57, eff. September 1, 2021.

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