Relating to landlords and tenants, including rental property utilities, the definition of rent, and forcible entry and detainer actions

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to landlords and tenants, including utilities at rental properties, usage of security deposits, the definition of rent, and service and initial hearing dates for forcible entry and detainer actions. Under current law, for a residential or commercial rental property to be exempt from a lien for delinquent rates or charges imposed by a city utility or enterprise, a landlord must provide the name of a tenant who is responsible for charges to the city utility or enterprise when the tenant is delinquent in paying rates or charges. A landlord must provide a new notice if a tenant that is responsible for a delinquency moves out. The bill removes the requirement that a landlord provide the name of a tenant that is responsible for a delinquency in a notice to a city utility or enterprise. The bill removes the requirement that a landlord provide a new notice to a city utility or enterprise if the tenant responsible for a delinquency moves out. The bill expands the definition of “rent” to include base rent, utilities, late fees, and other payments made by the tenant to the landlord under the rental agreement for purposes of Code chapters 562A (residential landlord and tenant law) and 562B (mobile home park landlord and tenant law). The bill provides that the landlord may withhold from a tenant’s security deposit amounts as reasonably necessary to pay for delinquent utility accounts the tenant was responsible to pay during the tenancy. Under current law, a court is required to set the date of hearing for a forcible entry and detainer no later than eight days from the filing date, except that the court shall set a later hearing date no later than days from the date of filing if the plaintiff requests or consents to the later date of hearing. The bill provides that the time requirements for the setting of an initial hearing in a forcible entry and detainer action are not jurisdictional and do not affect subject matter jurisdiction of a court to hear the action. The bill also provides that in computing time for completion of service of the original notice by mail in a forcible entry and detainer action, the first day shall be excluded and the final day shall be included regardless of whether the day falls on a weekend or federal holiday.