SB 2601

Abstract

Amends the Landlord and Tenant Act. Requires every landlord to clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Provides that if a landlord fails to comply with such provision and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after the flood occurred, and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. Requires every landlord who leases a lower-level unit to clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Provides that if a landlord fails to comply with either of the above provisions and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. Provides a sample written disclosure. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the bill as introduced with these additions: (1) Provides that the new provisions do not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources. (2) Provides that the new provisions may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit renting, leasing, or subleasing of such units. Makes changes in cross-references.