Summary of HB08-1356
Short Title: Residential Landlords & Tenants

Sponsors: Merrifield/Tupa & ...

Prohibits a residential landlord or tenant who prevails in a forcible entry and detainer action from recovering attorney fees, unless the residential rental agreement contains a provision for either party to obtain attorney fees. Creates a warranty of habitability in every rental agreement for a residential premises. Establishes that the warranty is breached if:
* A residential premises is uninhabitable or unfit for the uses reasonably intended by the parties;
* The residential premises is in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and
* The landlord has received notice of such condition described and failed to cure the problem within a reasonable time. Establishes the notice a landlord must receive. Prohibits misconduct by a tenant or a person under the tenant's control from constituting a breach of the warranty. Establishes that a residential premises is considered uninhabitable when it substantially lacks specified characteristics. Prohibits a deficiency in a common area from rendering a residential premises uninhabitable, unless it materially and substantially limits the tenant's use of his or her dwelling unit. Permits a tenant in certain circumstances to assume responsibility for one or more of these characteristics. Imposes upon every tenant of a residential premises a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. Establishes what constitutes a failure to keep a premises in a reasonably clean and safe manner. Prohibits a tenant from knowingly, intentionally, deliberately, or negligently destroying, defacing, damaging, impairing, or removing any part of a dwelling unit or knowingly permitting any person within their control to do so. Establishes a tenant's remedies for a breach of the warranty of habitability, which remedies include self-help, termination of the rental agreement, injunctive relief, and damages. Establishes who may allege the breach, when the breach may be used as a defense, requirements for using the breach as a defense to a claim for possession, and defenses to the allegation of a breach. Requires certain information related to the use of a breach of warranty of habitability as a defense to a claim for possession to be included in the summons for a forcible entry and detainer action. Prohibits a landlord from retaliating against a tenant who proves a breach of the warranty of habitability. Prohibits a landlord from removing or excluding a tenant from a residential premises without resorting to court process, with specified exceptions. Establishes that, if a landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the act or any other law. Makes legislative findings and declarations that the provisions of the act are a matter of statewide concern. Establishes the underlying purposes and policies of the act. Defines terms.

Status
03/07/2008 Introduced In House - Assigned to Business Affairs and Labor
04/03/2008 House Committee on Business Affairs and Labor Witness Testimony and/or Committee Discussion Only
04/21/2008 House Committee on Business Affairs and Labor Pass Amended to House Committee of the Whole
04/22/2008 House Second Reading Special Order - Laid Over Daily
04/23/2008 House Second Reading Special Order - Passed with Amendments
04/24/2008 House Third Reading Passed
04/24/2008 Introduced In Senate - Assigned to State, Veterans & Military Affairs
04/30/2008 Senate Committee on State, Veterans & Military Affairs Refer Unamended to Judiciary
05/01/2008 Senate Committee on Judiciary Pass Amended to Senate Committee of the Whole
05/02/2008 Senate Second Reading Laid Over
05/05/2008 Senate Second Reading Passed with Amendments

Amendments

Fiscal Notes Status: No fiscal impact for this bill

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