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HB21-1121

Residential Tenancy Procedures

Concerning protections for residential tenants related to actions by landlords.
Session:
2021 Regular Session
Subjects:
Civil Law
Courts & Judicial
Bill Summary

Under existing law, certain residential landlords must give 10 days' notice to tenants prior to starting eviction proceedings for failure to pay rent or for a first or subsequent violation of any other condition or covenant other than a substantial violation. The bill requires landlords to give 14 days' notice in those situations.Under existing law, the clerk of the court or the attorney for the plaintiff may issue a summons to a defendant in an eviction action. The bill requires that the clerk of the court issue the summons in a residential eviction action. The bill extends the period for which the summons must be issued from 7 days before the court appearance to 14 days before the court appearance. Under existing law, a court summons in an existing action must contain a statement to the defendant that explains the consequences for failing to answer the summons and requirements related to certain defenses. The bill includes updated language explaining the consequences for failing to answer, the content of a defendant's answer, and fees and deposits related to filing an answer.Under existing law, in certain circumstances, a person may serve a notice to quit or summons to the tenant by posting a copy of the notice or summons and the complaint in a conspicuous place upon the premises and a person may serve a notice to quit by leaving it with a member of the tenant's family who is at least 15 years old. The bill removes those provisions for service in residential tenancy actions and requires that the notice to quit or summons be served in the same manner as any other civil action.

Under existing law, if a landlord wins judgment in an eviction action, the court cannot issue a writ of restitution, which directs the county sheriff to assist the landlord in removing the tenant, until 48 hours after judgment. The bill extends the period for residential evictions to 14 days after judgment. The bill prohibits a sheriff from executing a writ of restitution until at least 10 days after judgment.

The bill prohibits residential landlords from increasing rent more than one time in a 12-month period of tenancy.

The bill extends the notice period for nonpayment of rent for a home owner in a mobile home park from 10 days to 14 days.

Under existing law, for a tenancy of one month or longer but less than 6 months in which there is no written agreement between the landlord and tenant, a landlord must give 21 days' written notice to the tenant prior to increasing the rent. For a residential tenancy, the bill extends the notice period to 60 days and makes it apply to a tenancy of any duration without a written agreement. The bill prohibits a landlord from terminating a residential tenancy in which there is no written agreement with the primary purpose of increasing a tenant's rent without providing 60 days' notice.

(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
Became Law

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Bill Text

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