| 2007 Bills of Interest Housing |
Housing
HB2361, landlord tenant; forcible detainer actions
Outlines procedures for evictions including deadlines for actions, information that must be included in the compliant, the
process for summons, procedures for counterclaims and cross claims, procedures for trials, and appeals in eviction
actions. Specifies that a person who retains possession of the property is liable for rent and the landlord may dispose of
possession on the premises. Imposes restrictions on tenants' rights and protections in numerous ways, i.e. waiver to jury
trial in the lease, criminalization of tenancies, and eviction pending an appeal.
Bill heard by Commerce on January 31st and approved without any amendments.
Approved as constitutional and proper for consideration by the Rules Committee on March 12th.
Approved with an amendment by the Committee of the Whole on March 14th.
SB1227, domestic violence; lease termination
Allows a tenant to terminate a rental agreement if they provide the landlord with proof of domestic violence including an
OP or a police report. If the tenant wishes to stay a request for a new lock or re-keying may be made. If the landlord
refuses to provide a new key to perpetrator and s/he is on the rental agreement, the perpetrator may seek court
assistance. A landlord is required to deny access to the property by the perpetrator if the OP has been served and the
landlord has a copy. A tenant who terminates under this section who does so falsely shall be liable for treble damages
for early termination. The perpetrator who is on the lease and cause the early termination is civilly liable to the landlord
for economic losses.
Assigned to Public Safety & Human Services and the Rules Committee.
PSHS Committee adopted a strike everything amendment that includes the following provisions:
• Allows a copy of any protective order to be given to the landlord as part of the written notice of lease termination.
• Requires the tenant to give the landlord 30-days written notice.
• Stipulates that a tenant who terminates a lease because of domestic violence does not incur penalties or fees and
that a security deposit cannot be withheld because of the termination.
• Specifies that only a person who is convicted of falsely reporting domestic violence or assisting a tenant in falsely
reporting domestic violence is liable to the landlord for treble damage for premature termination of the lease.
• States that tenants who are parties to a lease that has been terminated because of domestic violence, but who are
not the victims are released from any financial obligations due under the previously existing rental agreement.
• Stipulates that protective orders issued to residents of a rental property do not automatically apply to that entire rental
property.
• Allows the landlord to terminate the lease for violations of the lease unrelated to the act of domestic violence.
Rules Committee found the bill proper for consideration with an amendment on 2/12/07.
The Committee of the Whole debated the bill on 2/22 and adopted an amendment that replaces the amendment adopted
by Committee. The new amendment:
• allows the victim of domestic violence who has obtained a Order of Protection to be released from the rental
agreement in 30 days after filing a report to the landlord;
• allows the landlord to release the tenant earlier;
• clarifies that security deposits will not be withheld for early termination due to domestic violence unless there are
other issues involved;
• requires a conviction of false reporting of domestic violence in the amount of treble damages for early release;
• allows the landlord to seek civil damages for losses caused by early termination from the abuser; and
• permits tenants who are not victims of domestic violence to be released from the rental agreement and be allowed
to enter new lease agreements.
Approved by the Senate on 2/27.
Heard in Human Services on March 15th. Passed the with an amendment that removed a subsection relating to material
non-compliance in cases of domestic violence.
On March 27th passed Rules as constitutional and proper.
Approved by the House Committee of the Whole on March 29th with an amendment.
Approved by the House on April 2nd and transmitted to the Senate.
Final passage by the Senate on April 12th. The bill has been transmitted to the Governor. The Governor signed the bill
on April 18th. Assigned as Chapter 100.
HB2361, landlord tenant; forcible detainer actions
Outlines procedures for evictions including deadlines for actions, information that must be included in the compliant, the
process for summons, procedures for counterclaims and cross claims, procedures for trials, and appeals in eviction
actions. Specifies that a person who retains possession of the property is liable for rent and the landlord may dispose of
possession on the premises. Imposes restrictions on tenants' rights and protections in numerous ways, i.e. waiver to jury
trial in the lease, criminalization of tenancies, and eviction pending an appeal.
Bill heard by Commerce on January 31st and approved without any amendments.
Approved as constitutional and proper for consideration by the Rules Committee on March 12th.
Approved with an amendment by the Committee of the Whole on March 14th.
SB1227, domestic violence; lease termination
Allows a tenant to terminate a rental agreement if they provide the landlord with proof of domestic violence including an
OP or a police report. If the tenant wishes to stay a request for a new lock or re-keying may be made. If the landlord
refuses to provide a new key to perpetrator and s/he is on the rental agreement, the perpetrator may seek court
assistance. A landlord is required to deny access to the property by the perpetrator if the OP has been served and the
landlord has a copy. A tenant who terminates under this section who does so falsely shall be liable for treble damages
for early termination. The perpetrator who is on the lease and cause the early termination is civilly liable to the landlord
for economic losses.
Assigned to Public Safety & Human Services and the Rules Committee.
PSHS Committee adopted a strike everything amendment that includes the following provisions:
• Allows a copy of any protective order to be given to the landlord as part of the written notice of lease termination.
• Requires the tenant to give the landlord 30-days written notice.
• Stipulates that a tenant who terminates a lease because of domestic violence does not incur penalties or fees and
that a security deposit cannot be withheld because of the termination.
• Specifies that only a person who is convicted of falsely reporting domestic violence or assisting a tenant in falsely
reporting domestic violence is liable to the landlord for treble damage for premature termination of the lease.
• States that tenants who are parties to a lease that has been terminated because of domestic violence, but who are
not the victims are released from any financial obligations due under the previously existing rental agreement.
• Stipulates that protective orders issued to residents of a rental property do not automatically apply to that entire rental
property.
• Allows the landlord to terminate the lease for violations of the lease unrelated to the act of domestic violence.
Rules Committee found the bill proper for consideration with an amendment on 2/12/07.
The Committee of the Whole debated the bill on 2/22 and adopted an amendment that replaces the amendment adopted
by Committee. The new amendment:
• allows the victim of domestic violence who has obtained a Order of Protection to be released from the rental
agreement in 30 days after filing a report to the landlord;
• allows the landlord to release the tenant earlier;
• clarifies that security deposits will not be withheld for early termination due to domestic violence unless there are
other issues involved;
• requires a conviction of false reporting of domestic violence in the amount of treble damages for early release;
• allows the landlord to seek civil damages for losses caused by early termination from the abuser; and
• permits tenants who are not victims of domestic violence to be released from the rental agreement and be allowed
to enter new lease agreements.
Approved by the Senate on 2/27.
Heard in Human Services on March 15th. Passed the with an amendment that removed a subsection relating to material
non-compliance in cases of domestic violence.
On March 27th passed Rules as constitutional and proper.
Approved by the House Committee of the Whole on March 29th with an amendment.
Approved by the House on April 2nd and transmitted to the Senate.
Final passage by the Senate on April 12th. The bill has been transmitted to the Governor. The Governor signed the bill
on April 18th. Assigned as Chapter 100.