SB 182
Modifies provisions relating to the removal of a tenant from a commercial property
Sponsor:
LR Number:
0853S.01I
Last Action:
4/19/2021 - Informal Calendar S Bills for Perfection
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2021

Current Bill Summary

SB 182 - This act provides a procedure for a landlord to reenter and take possession of leased commercial premises without a judicial process and court order. Premises covered within the act include real property leased under the terms of a rental agreement for a commercial or business purpose, but does not include real property used for residential or agricultural purposes.

If a tenant is delinquent in rent payments for more than 45 consecutive days, a landlord may place locks on the premises if an initial notice of default has been provided to the tenant at least 30 days prior to the landlord reentering the premises. A second notice shall be provided 15 days before reentry and shall include a statement regarding the late rent and the landlord's ability to place locks on the premises unless the tenant pays the rent within 10 days of the second notice.

If the rent remains unpaid 10 days after the second notice, the landlord shall place locks on the premises until the tenant pays all rent and all contractual late fees. Upon receipt, the landlord shall immediately remove the locks.

If the tenant fails to make timely rent payments due to alleged failures of the landlord's contractual obligations and the landlord provides notices pursuant to this act, the tenant may place the outstanding rent into an escrow account for the benefit of the landlord. The tenant may withhold the release of such rent from the escrow account until the landlord's obligations are satisfied or until the landlord obtains a court order to release the rent. The notices and the landlord's rights shall be suspended until the landlord's obligations are met. A tenant's failure to place all rent into an escrow account shall render these provisions null and void.

This act is identical to SCS/SB 605 (2020) and is similar to HB 1969 (2020), SB 350 (2019), and HB 1917 (2018).

KATIE O'BRIEN

Amendments

No Amendments Found.