Did you know... May 10, 2021


That that the legislature passed a bill changing the Landlord Tenant Act?  The bill, HB 1236 – Just Cause Termination and Mandatory Lease Renewal, was passed by both the House and the Senate, but has not yet been signed by the governor.  It will go into effect immediately after the governor signs the bill.

Highlights of the bill include:

Language that allows a lease to be terminated at the end the of a lease term is prohibited.

A landlord may not evict, refuse to renew the tenant or terminate a month-to-month tenancy, except for 11 defined reasons.

If the landlord wishes to occupy the premises or sell the rental, a 90-day notice is required.

A 120-day notice is required if the building will be demolished, substantially rehabilitated, or a change of use is planned.

When the initial lease term is for one year, the tenancy may be terminated at the end of the first year with 60 days’ written notice. If the landlord does not give 60 days’ notice, the tenancy becomes month-to-month.

The landlord is required to offer a reasonable repayment plan for COVID-19 debt based on the tenant’s finances, health and other circumstances.

The court shall consider tenants’ circumstances and repayment plan terms during any eviction proceeding.

Landlords who terminate a lease for any reason not included are liable to the tenant for unlawful eviction and subject to 4½ times the monthly rent, reasonable attorney’s fees and costs.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.