New laws recently went into effect that make important changes to residential landlord-tenant law. These changes are too numerous and nuanced to exhaustively cover here. Some of the more important changes are highlighted below.
14-Day Notice to Pay Rent or Vacate
There is no longer a 3-day notice for non-payment of rent for residential tenancies. Notices now require a 14-day cure period and must have specific statutorily mandated language.
Definition of Rent
“Rent” is now defined by statute to mean recurring periodic payments, including utilities. Deposits may be included only if the initial rental agreement terms allow the tenant to pay in installments. Do not include non-recurring charges such as notice fees or late fees on any type of eviction notice.
Tenant Opportunities to Cure
Tenants have new opportunities to pay and stay. The tenant may pay a judgment within five court days and reinstate the tenancy. Also, courts have new discretionary authority to impose payment plans (even if the landlord does not want the tenant to pay and stay).
Court-imposed payment plans have restrictions. The first payment must be within five days. Each month the payments must equal at least one months rent. A payment plan may not exceed ninety days. The tenant faces eviction if a payment is missed.
There are many other recent changes in landlord-tenant law at both the state and local levels. Before taking any action consult with an attorney who practices landlord-tenant law in the area where your rental property is located.
