HCS/SB 655 - This act modifies provisions relating to property.FIRE SPRINKLERS
Currently, builders of one and two family homes must offer the purchaser an option to have fire sprinklers installed. This provision is set to expire December 31, 2019. This act changes the expiration date to December 31, 2024.
This provision is identical to a provision contained in HCS/SCS/SB 824 (2014), HCS/SCS/SB 854 (2014), CCS#2/HCS/SCS/SB 672 (2014), CCS/SCS/HB 1553 (2014, and SCS/HCS/HB 1410 (2014).
LEASES
Currently, the definition of "lessee" includes any person residing at the premises with the lessee's permission. This act modifies the definition of the term "lessee" by restricting it to only persons who have leased the premises and are obligated to pay rent and adds statutory definitions for the terms "landlord" and "tenant." Under the act, an "occupant" is defined as a person lawfully occupying a dwelling either as a tenant or a lessee, as previously defined.
This provision is identical to a provision contained in SCS/HCS/HB 1410 (2014).
EVICTION
The act also provides that in immediate eviction procedures, the tenant shall have twenty-four hours to vacate the premises following the court order for immediate eviction. After the twenty-four hours following the order, the landlord shall have the right to re-enter and take possession of the rental property. If a court finds that a person residing at a property is not a tenant or lessee such person can be removed immediately from a property.
This provision is identical to a provision contained in SCS/HCS/HB 1410 (2014).
LANDLORD TENANT ACTIONS
This act removes landlord tenant, unlawful detainer, and forcible entry and detainer actions from the list of actions in which an aggrieved party must apply for a trial de novo for redress. The act provides that such actions are appealable. Application for such appeals shall be conducted as provided in other civil cases, rather than Chapter 512 which provides procedures for an appeal and a trial de novo in civil cases. This act requires that forcible entry and detainer and unlawful detainer actions must be heard on the record, and the practice and procedures for civil cases originally filed before an associate circuit judge as provided in Chapter 517 shall apply to such actions. This act also removes the claim of right defense for tenants that willfully cause damage to rental property in property damage cases. Current law provides that the sheriff must attempt to serve any summons within four days of the date of issuance by a Jackson County landlord-tenant court. The act removes the language which requires the sheriff to be the person to serve the summons. This act also allows judgments awarding unpaid rent to be revived by publication instead of requiring notice to be served on the defendant.
These provisions are similar to provisions in HCS/SCS/SB 824 (2014), HCS/SCS/SB 854 (2014), SB 886 (2014), SCS/HCS/HB 1410 (2014), CCS/SS/SCS/HCS/HB 1231 (2014) and HB 1351 (2014).
MICHELA BIRK