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The legislature is at it again! House Bill 1300 and Senate Bill 5576 are draft bills proposing legislation intended to protect tenant deposits.
The measures include the following provisions:
- Require more detailed move in/move out inspection reports.
- Require the housing provider to provide documentation of estimates or invoices for cleaning or repair before retaining any portion of the security deposit.
- Excludes ‘wear from ordinary use of the premises’, defined as, “Deterioration from intended use, breakage or malfunction, excluding abuse, accident and negligence.”
- Excludes carpet cleaning beyond “wear from ordinary use.”
- Allows the tenant to request a walkthrough in which the tenant is present, and which will occur between 14 and 30 days before the termination of the tenancy. Immediately following the walkthrough, the landlord must provide a written checklist or statement, which shall be signed by the landlord and tenant.
*It is unclear whether this inspection is intended to be the final inspection.
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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.
