HB 1862
Modifies procedures in landlord and tenant cases, provides that a landlord must keep security deposits in a depository institution, and allows landlords withhold money for carpet cleaning from the security deposit pursuant to a lease agreement
LR Number:
Last Action:
7/14/2016 - Signed by Governor
Journal Page:
Calendar Position:
Effective Date:
August 28, 2016
House Handler:

Current Bill Summary

SS/SCS/HCS/HB 1862 - Currently, in unlawful detainer and forcible entry and detainer suits an execution of the judgment may be issued at any time after the judgment is rendered, but the restoration of the property cannot occur until after the expiration of time allowed to file an appeal. This act provides that in these types of suits the judge shall not issue an execution of the judgment until ten days after the judgment, and if the losing party posts an appeal bond then the execution shall be stayed pending an appeal.

Likewise, in rent and possession suits the judgment will become final ten days after the judgment is rendered, and the defendant will be subject to eviction. Execution for the purposes of restoring possession shall be stayed pending an appeal if the losing party posts a sufficient bond.

The provision of law specifying that if it appears to the officer executing the judgment that the defendant is hindering or delaying the seizure of property then rents, profits, damages, and costs may be seized before the expiration of the time allowed for taking an appeal is repealed.

The act also states that landlords must keep all security deposits in a trust account and in a depository institution insured by an agency of the federal government, and shall not commingle the security deposits with personal funds. Any interest earned on a security deposit belongs to the landlord. These requirements shall not apply to public housing authorities or government entities acting as landlords.

The act states that the current law regarding security deposits does not prevent a landlord and tenant from agreeing in the rental agreement upon amounts to be charged for carpet cleaning due to normal wear and tear, and such amounts can be withheld from the security deposit.

Currently, if a landlord wrongfully withholds any portion of the security deposit then the tenant can recover as damages not more than twice the amount withheld. This act provides that a tenant shall recover as damages twice the amount wrongfully withheld by the landlord.

Certain provisions of this act are identical to SB 717 (2016) and SCS/SB 743 (2016), and similar to provisions contained in SB 309 (2015), SB 182 (2015), HB 2283 (2014), HB 884 (2013), HCS/HB 1006 (2015), HCS/SB 148 (2015), HCS/SB 364 (2015), HCS/SCS/SB 340 (2015), CCS/HCS/SS/SCS/SB 67 (2015), and HB 1330 (2015).