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2016 SESSION

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SB 377 Landlord and tenant law; tenant remedies.

Introduced by: Jill Holtzman Vogel | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Landlord and tenant law; tenant remedies. Provides that a general district court may (i) terminate a lease upon the request of the tenant or (ii) order the dwelling unit surrendered to the landlord if the landlord prevails on a request for possession in an unlawful detainer action. Under current law, the court may decide to terminate the lease without a request for termination by the tenant. The bill contains technical amendments and is identical to HB 1209.

SUMMARY AS PASSED SENATE:

Landlord and tenant law; tenant remedies. Provides that a general district court may (i) terminate a lease upon the request of the tenant or (ii) order the dwelling unit surrendered to the landlord if the landlord prevails on a request for possession in an unlawful detainer action. Under current law, the court may decide to terminate the lease without a request for termination by the tenant. The bill contains technical amendments and is identical to HB 1209.

SUMMARY AS INTRODUCED:

Landlord and tenant law; tenant remedies. Provides that if a landlord unlawfully removes or excludes a tenant from leased premises or causes an interruption of utility services for leased premises, the tenant may obtain an order from general district court to recover the greater of (i) the actual damages sustained by the tenant or (ii) statutory damages in the amount of $500 in addition to a reasonable attorney fee. Under current law, monetary damages are limited to actual damages and a reasonable attorney fee. The bill also provides that the court may terminate the lease where a tenant (a) asserts the existence of a condition or conditions that constitute a material noncompliance by the landlord with the rental agreement and (b) requests termination. Under current law, the courts may decide to terminate the lease without a request for termination by the tenant.