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2018 SESSION

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SB 197 Landlord and tenant law; notice requirements, landlord's acceptance of rent with reservation.

Introduced by: Mamie E. Locke | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Landlord and tenant law; notice requirements; landlord's acceptance of rent with reservation. Changes the landlord and tenant law notice requirements for landlords to accept full or partial rent while continuing to proceed with a court action to obtain an order of possession and subsequent eviction by creating a single notice and removing the requirement for second notice for the time period between entry of an order of possession and prior to eviction. The bill provides that the landlord may accept full or partial payment of rent and still receive an order of possession and proceed with eviction if the landlord states in the written notice to the tenant that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill also provides that if a dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation need not be given to any public agency paying a portion of the rent under the rental agreement. This bill is identical to HB 855.


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