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2008 SESSION
SB 232 Residential Landlord and Tenant Act; duty of landlord and managing agent for visible mold.
Introduced by: Ryan T. McDougle | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Landlord and managing agent immunity for mold claims. Provides that landlords and managing agents are not liable for civil damages in an action for exposure to mold arising from the condition within the interior of a dwelling unit brought by a tenant, authorized occupant, or guest or invitee if the mold condition is caused solely by the negligence of the tenant. The bill also provides that managing agents with no maintenance responsibilities are not liable for damages unless the agents have actual knowledge of the mold condition and fail to disclose the existence of the condition to the landlord and any prospective or actual tenants. The bill provides further that if a written move-in inspection report reflects that there is no visible evidence of mold in a dwelling unit, and the tenant does not object in writing to such report within five days of his receipt of the report, there shall be a rebuttable presumption that no mold existed at the time of the move-in inspection. The bill also requires landlords and managing agents with maintenance responsibilities to perform mold remediation if visible evidence of mold occurs within a dwelling unit. This bill is identical to HB 221.
FULL TEXT
- 01/07/08 Senate: Prefiled and ordered printed; offered 01/09/08 086597272 pdf
- 02/04/08 Senate: Committee substitute printed 080283272-S1 pdf
- 02/26/08 Senate: Bill text as passed Senate and House (SB232ER) pdf
- 03/11/08 Governor: Acts of Assembly Chapter text (CHAP0341) pdf
AMENDMENTS
HISTORY
- 01/07/08 Senate: Prefiled and ordered printed; offered 01/09/08 086597272
- 01/07/08 Senate: Referred to Committee for Courts of Justice
- 01/10/08 Senate: Assigned Courts sub: Civil
- 02/04/08 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/04/08 Senate: Committee substitute printed 080283272-S1
- 02/05/08 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/06/08 Senate: Read second time
- 02/06/08 Senate: Reading of substitute waived
- 02/06/08 Senate: Committee substitute agreed to 080283272-S1
- 02/06/08 Senate: Engrossed by Senate - committee substitute SB232S1
- 02/07/08 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/07/08 Senate: Communicated to House
- 02/12/08 House: Placed on Calendar
- 02/12/08 House: Read first time
- 02/12/08 House: Referred to Committee for Courts of Justice
- 02/14/08 House: Assigned Courts sub: Civil
- 02/15/08 House: Reported from Courts of Justice with amendment (19-Y 0-N)
- 02/19/08 House: Read second time
- 02/20/08 House: Read third time
- 02/20/08 House: Committee amendment agreed to
- 02/20/08 House: Engrossed by House as amended
- 02/20/08 House: Passed House with amendment BLOCK VOTE (97-Y 0-N)
- 02/20/08 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/22/08 Senate: House amendment agreed to by Senate (38-Y 2-N)
- 02/26/08 Senate: Enrolled
- 02/26/08 Senate: Bill text as passed Senate and House (SB232ER)
- 02/26/08 House: Signed by Speaker
- 02/28/08 Senate: Signed by President
- 03/04/08 Governor: Approved by Governor-Chapter 341 (effective 7/1/08)
- 03/11/08 Governor: Acts of Assembly Chapter text (CHAP0341)