A bill (HB 1236) that establishes just-cause eviction statewide for residential tenancies has passed the legislature and is on the governor’s desk. If, as is widely expected, the governor signs the bill into law it will be another among many sweeping changes to landlord-tenant and eviction law.
Under the proposed law landlords would be able to end a tenancy without cause at the end of the initial lease period with 60 days’ notice. Landlords who share their dwelling unit with the tenant could issue the traditional twenty-day notice. In other circumstances, landlords would need just cause.
Failure to cure a notice to pay rent or vacate (14-day notice) or a notice to comply or vacate (10-day notice) would be just cause.
Landlords who wish to reside in or have an immediate family member reside in the rental property could issue a 90-day notice, as could landlords who wish to sell a single-family home.
Tenants who make material misrepresentations on rental applications could face a 30-day notice to terminate their tenancy.
Tenants who are served four or more notices to comply or vacate within a 12-month period may be served a 60-day notice to terminate tenancy. Note that if the tenant fails to cure even one such notice, the tenant could be evicted. But, even if the tenant cures each such notice within its 10-day cure period if the landlord serves four or more in a 12-month period the landlord may serve a 60-day notice.
Mutual termination agreements must give tenants at least 60 days to vacate.
Landlords who knowingly use a rental agreement with prohibited terms may be liable for up to two times the monthly rent. Landlords who remove a tenant in violation of the new law may be liable for three times the monthly rent amount.
These are some of the more important and far-reaching provisions. This is far from an in-depth or exhaustive explanation of the proposed new law. For information about your circumstances seek the advice of an attorney.
