Relating to property law by modifying provisions related to forcible entry and detainer actions and to landlord and tenant law

This bill relates to property law and modifies provisions related to forcible entry and detainer actions and landlord and tenant law. The bill permits tenants and landlords to consent to notice by electronic mail by executing a separate addendum to rental agreements under Code chapters 562A (uniform residential landlord and tenant law) and 562B (manufactured home communities or mobile home parks residential landlord and tenant law). The bill also provides that notice for a forcible entry and detainer action may be served by electronic mail if consented to by the tenant. The bill requires that all hearings in a forcible entry and detainer action, unless the parties file a request for an in-person hearing, shall be held using remote or virtual technology. The bill requires the court to seal the court records of a forcible entry and detainer if the defendant is found not guilty or the case was dismissed.32 (retaliatory conduct prohibited), (3) seven or more years have passed since the tenant was found guilty in the action, or (4) the tenant was found guilty in an action arising from nonpayment of rent, the tenant subsequently repaid all rent, fees, and legal costs to the landlord, the landlord consents to the expungement, and the tenant has not been granted such relief in the prior seven years. The bill requires the court to hold an evidentiary hearing to determine whether the court records for the forcible entry and detainer action should be sealed. The court may consider the following as evidence: (1) the testimony of the plaintiff and defendant, (2) documentation related to the action, (3) evidence of alleged error or retaliatory conduct, and (4) any other relevant evidence. The bill provides that if the court finds that the defendant has met the burden of proof, the court shall issue an order requiring sealing the record. The order to seal is required to do the following: (1) direct the court clerk to seal the court record, (2) prohibit any party from disclosing the existence of the sealed record, and (3) provide that the sealed record shall not be considered in any future legal proceedings. The bill does not apply to an action arising from the nonpayment of rent unless the nonpayment of rent was the direct result of the landlord’s retaliatory conduct except as otherwise provided in the bill. The bill does not prohibit a landlord from pursuing other legal remedies available to the landlord. The bill does not create an independent cause of action by a tenant for use of lawfully obtained information, including information that the court should have but failed to expunge.