HB0621 Elliott, T. Mark

P R E F I L E D

HB 621 -- Landlord-Tenants Interests

This bill makes several changes concerning landlord-tenant notice requirements and eviction actions. The bill:

(1) Allows the landlord or tenant to terminate a week to week tenancy by written notice delivered to the other party at least 7 days before termination;

(2) Allows the landlord or tenant to terminate a month to month tenancy by written notice delivered to the other party at least 30 days prior to termination, except military personnel may provide 15 days written notice;

(3) Allows the landlord in an action for possession to receive from a willful or bad faith holdover tenant, one and one-half months rent or one and one-half times the actual property damage whichever is greater;

(4) Allows the landlord in an action for possession to obtain a court order granting immediate possession. Also, the landlord may possess, remove, and store items left in the dwelling at the tenant's expense and the landlord may sell or dispose of such property;

(5) Releases the landlord from liability for loss or damage to items left in the dwelling unit by neglect or failure to remove by the tenant;

(6) Allows service of summons to operate as a demand for rent or possession but no judgment or verdict can be entered before 45 days from service of process;

(7) Allows the landlord to take possession of the premises upon judgment, pursuant to the rules of civil procedure, when the owner seeks only possession and no money damages; and

(8) Allows judges in original actions or trials de novo of landlord-tenant suits, to entertain new issues, amendments, actions, defenses, claims, damages, or parties.