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The Landlord Tenant Act was changed again because of Covid. Senate Bill 5160 extends and expands the tenant protections in the Governor’s eviction moratorium.
- The prohibition that bans late fees will be in effect until six months after the expiration of the last eviction moratorium.
- A landlord cannot report to a prospective new landlord that a tenant didn’t pay rent on time or that the tenant still owes rent that became owing between Mach 1, 2020, six months after the expiration of the last eviction moratorium.
- A prospective landlord may not deny a tenant, charge a larger deposit or require a cosigner because of a tenant’s nonpayment of rent during this period.
- A landlord or prospective landlord who violates these regulations is liable for up to two and a half times the monthly rent of the rental property at issue, plus court costs and reasonable attorneys’ fees. “A court must impose this penalty in an amount necessary to deter future violations, payable to the tenant bringing the action.”
- If a tenant has unpaid rent that accrued between March 1, 2020, and six months following the expiration of the eviction moratorium or the end of the public health emergency, whichever is greater, the landlord must offer the tenant a reasonable schedule for repayment of the unpaid rent that does not exceed monthly payments equal to one-third of the monthly rental charges during the period of accrued debt.
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.
