HB 5165

Abstract

Amends the Code of Civil Procedure. Changes the notice requirements in the Eviction Article for terminating tenancy. Deletes the current requirement that a notice to terminate tenancy from year to year may be given at any time within the last 4 months preceding the last 60 days of the year. Deletes the provisions that the tenant is required to surrender possession and no notice to quit or demand of possession is necessary if the tenancy is for a certain period and the term expires by the terms of the lease. Creates requirements for notice of termination of a residential lease. Provides, for any residential tenancy of less than 6 months, the landlord shall notify the tenant in writing at least 30 days before the stated termination date of the rental agreement of the landlord's intent to terminate a periodic tenancy, not renew a fixed-term rental agreement, or increase the rental rate. Provides that, if the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which written notice is given to the tenant. Provides that during this occupancy, the terms and conditions of the tenancy remain the same unless rent was waived or abated in the preceding month or months as part of the original rental agreement; if so, the rental amount during this 60-day period shall be at the rate established on the last date that a full rent payment was made. Makes similar changes to a tenancy of longer duration. Provides that the changes for notice of termination of a residential lease do not apply to any existing rental agreement that expires less than 90 days after the effective date of the amendatory Act. Amends the Landlord and Tenant Act. Provides that a tenant of a residential property may not be charged a nonrefundable fee as a condition for lawfully possessing a rental property. Requires a landlord of residential property to provide electronic or wire transfer as an option to a tenant for the return of the tenant's security deposit or the portion of the security deposit to which the tenant is entitled.