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HB24-1098

Cause Required for Eviction of Residential Tenant

Concerning protections for residential tenants, and, in connection therewith, requiring cause for the eviction of a residential tenant.
Session:
2024 Regular Session
Subject:
Housing
Bill Summary

The With certain exceptions, the bill prohibits a landlord from evicting a residential tenant unless the landlord has cause for eviction. Cause exists only when:

  • A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended by the bill; or
  • A tenant has engaged in conduct that creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or where the tenant is negligently damaging the property; or
  • Conditions exist constituting grounds for a "no-fault eviction".

The following conditions constitute grounds for a "no-fault eviction" of a residential tenant, with certain limitations:

  • Demolition or conversion of the residential premises;
  • Substantial repairs or renovations to the residential premises;
  • Occupancy assumed by the landlord or a family member of the landlord;
  • Expiration of time-limited housing operated by a mission-driven organization; and
  • Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises;
  • A tenant refuses to sign a new lease with reasonable terms; and
  • A tenant has a history of nonpayment of rent.

A landlord that proceeds with a no-fault eviction in violation of certain notice requirements or other restrictions must provide relocation assistance to the tenant in the amount of 2 months' rent plus one additional month of rent if any of the following individuals reside in the residential premises:

  • An individual who is under 18 years of age or at least 60 years of age;
  • An individual whose income is no greater than 80% of the area median income; or
  • An individual with a disability.

If a landlord proceeds with an eviction of a tenant without cause, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant and may assert the landlord's violation as an affirmative defense to an eviction proceeding.

Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy. For the purpose of such notices, certain provisions apply, including the following:

  • Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; and
  • Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit.

The bill eliminates these provisions.

Current law requires the management of a mobile home park to make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill increases this notice period to 72 hours.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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Bill Text

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details