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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

With certain exceptions, the act 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 act;
  • A tenant or lessee engages in conduct that creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or an immediately adjacent property, or where the tenant negligently damaged 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 of the residential premises is assumed by the landlord or a family member of the landlord;
  • 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.

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 act 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 act increases this notice period to 72 hours.

APPROVED by Governor April 19, 2024

EFFECTIVE April 19, 2024
(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

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