SB 111

Bill Subjects

Civil Law And Procedure; Generally Property; Landlords And Tenants

Abstract

Provides that in addition to, or instead of, bringing a court action to enforce a statutory obligation of a residential landlord, a tenant may enforce the obligation by doing the following: (1) Providing notice to the landlord, at least 30 days before the tenant's next regular rental payment is due, of: (A) the landlord's alleged failure to comply with the required obligation; and (B) the tenant's intent to deposit rental payments with the clerk of the court in the county in which the rental premises are located if the landlord fails to make any repairs or take any other actions necessary to remedy the landlord's failure to comply before the tenant's next regular rental payment is due under the rental agreement. (2) Depositing all rental payments with the clerk of the court in the county where the rental premises are located if the landlord fails or refuses to make any repairs or take any other actions necessary to remedy the landlord's failure to comply before the due date of the tenant's next regular rental payment. (3) Applying to the court for an order that provides specified remedies for the landlord's failure to comply. Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (1) the clerk of the court; or (2) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court.