SB 0646 Landlord & Tenants: Eviction & Rent Recovery
LR Number:L2260.01I Fiscal Note:2260-01
Committee:Insurance and Housing
Last Action:01/17/96 - Hearing Conducted S Insurance & Housing Committee
Effective Date:August 28, 1996
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Current Bill Summary

SB 646 - This act makes changes to the landlord/tenant law concerning the recovery of rent and possession of the property.

DRUG VIOLATIONS - A lease shall become void if a tenant allows the illegal possession, sale or distribution of controlled substances upon the premises. The landlord, after giving 10 days notice to vacate possession, may enter and retake possession of the premises if the tenant allows such activity to occur on the premises. The landlord will have the burden of proving the premises were being used for the illegal possession, sale or distribution of controlled substances.

TERMINATION OF CONTRACT - The landlord or tenant may terminate a month-to-month tenancy with at least one month's written notice.

RECOVERY OF POSSESSION - If a tenant unlawfully retains possession and an officer fails to deliver possession to the landlord within 15 days, the landlord may break locks and take possession without breach of the peace; however, a police officer must be present when possession is taken. The landlord may remove personal property and sell such property at auction to satisfy any judgment. The landlord shall have no liability for loss or damage to household goods, furnishings, fixtures or any other personal property left in or at the dwelling unit.

ABANDONMENT - Property remaining after abandonment by the tenant may be disposed of by the landlord without liability. Abandonment is presumed if the rent is unpaid for 20 days and if written notice to the tenant is not returned to the landlord within 10 days.

UNLAWFUL DETAINER - A mortgagor who remains on premises after foreclosure and notice of the foreclosure may be removed through an unlawful detainer action. Service of summons shall be made at least 4 days before the return date. If summons can't be served in the ordinary manner notice may be posted on the premises. Damages may be recovered for court costs. The act specifies the amount of bond that may be required for a stay of execution.

COLLUSION - If a tenant allows another person to take possession of leased premises without the permission of the landlord, the landlord may be awarded twice the rent due plus attorney's fees in the legal action.

RECOVERY OF RENT OR POSSESSION - A purchaser of tenements may recover rent accruing under the prior lease after the transfer of title. Adequate and timely notice is required. A landlord may recover possession of property if the tenant is in arrears on rent payment (the 6 month minimum is removed). No execution shall be stayed if judgment is for possession only. An evicted tenant shall be barred from reentry.