Sec. 107. No cause evictions
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/bill/117/s/2234/is/section-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term landlord — means the owner, lessor, or sublessor of a residence; and includes an individual who is authorized by an owner, lessor, or sublessor of a residence to— manage the residence; or enter into a lease agreement for the residence. The term residence — means a non-commercial— plot of real property; or dwelling; and includes— a tiny home that has not more than 400 square feet of living space; an accessory dwelling unit; an apartment; and a manufactured home on a plot of real property leased from the landlord.
The term tenant means an individual who— is not less than 18 years of age; and has leased a residence for not fewer than 6 months. Subject to subsection (e), a landlord may not evict a tenant from a residence, unless— there is not less than one just cause for the eviction under subsection (c); and the landlord has followed the notice procedure established under subsection (d). The following situations constitute just cause for a landlord to evict a tenant: The intentional or negligent actions of the tenant cause substantial physical damage to the residence of the tenant.
The intentional actions of the tenant measurably and demonstrably inhibit the quality of life of an individual who lives— in the building where the residence of the tenant is located; or in the immediate vicinity of the residence of the tenant. The tenant does not pay rent owed to the landlord for the residence of the tenant. The tenant, in the residence of the tenant or in the immediate vicinity of the residence of the tenant, commits a crime— that involves— prostitution; commercial sexual solicitation, or the promotion of prostitution; the unlawful manufacture, delivery, or possession of a controlled substance; the manufacture of a cannabinoid extract, unless the tenant holds a license to manufacture the cannabinoid extract under Federal, State, or Tribal law; or burglary; and which, at a trial for damages under this section, the landlord of the residence can prove by a preponderance of the evidence.
The tenant commits a crime that impacts— the health or safety of individuals who live within the immediate vicinity of the residence of the tenant; or the right of individuals who live within the immediate vicinity of the residence of the tenant to peacefully enjoy the property of those individuals. The landlord or an immediate relative of the landlord makes a measurable, demonstrable, and bona fide plan to occupy the residence. Local or State housing inspectors determine that the residence of the tenant is unsuitable for occupancy; and the unsuitability of the residence is not a result of deferred maintenance of the residence by the landlord.
Before a landlord may evict a tenant, the landlord shall provide the following notice: The landlord shall provide the tenant with an initial eviction notice not fewer than 6 months before the eviction takes place that— states the just cause for the eviction under subsection (c); and if the just cause stated under subparagraph
(A)is described in paragraphs
(1)through
(3)of subsection
(c)and the tenant can remedy the just cause, provides the tenant with 15 days to correct the actions of the tenant. Not sooner than 30 days after providing the initial eviction notice under paragraph (1), the landlord shall provide the tenant with a second eviction notice that— states the just cause for the eviction under subsection (c); and if the just cause stated under subparagraph
(A)is described in paragraphs
(1)through
(3)of subsection
(c)and the tenant can remedy the just cause, provides the tenant with 15 days to correct the actions of the tenant. A landlord may evict a tenant from a residence without a just cause for the eviction under subsection
(c)or providing the notice required under subsection
(d)for one or more of the following reasons: The tenant intentionally provided a substantial amount of false information relating to a criminal conviction of the tenant on a rental application for the residence; the conviction described in subparagraph
(A)occurred not less than 1 year before the date of the submission of the application; the landlord would not have entered into a rental agreement for the residence with the tenant if the landlord had known that the information described in subparagraph
(A)was false; and the landlord terminates the rental agreement of the tenant not later than 30 days after the date on which the landlord discovered that the information described in subparagraph
(A)was false. The tenant commits domestic violence, dating violence, sexual assault, or stalking against a member of the household of the tenant. A landlord who violates subsection
(b)shall pay to the tenant a sum not less than 6 times the median monthly rent price for the area in which the residence of the tenant is located. If a landlord knows that a tenant has committed domestic violence, dating violence, sexual assault, or stalking against a member of the household of the tenant, the landlord shall— take steps to exclude, evict, or otherwise expel the tenant from the residence of the tenant; and permit the member of the household of the tenant to continue living in the residence. A tenant may terminate the lease agreement for the residence of the tenant and any immediate family members of the tenant if— the tenant provides the landlord of the residence written notice not less than 14 days before the date on which the tenant terminates the lease agreement; the tenant is protected by a valid order of protection; or not more than 90 days before the date on which the tenant provides the landlord the notice described in subparagraph (A), the tenant has been the victim of domestic violence, dating violence, sexual assault, or stalking; the tenant provides the landlord with a document that verifies the condition described in subparagraph (B), which includes the signature or seal of— a court; a State or local governmental authority; or an entity that serves victims of— domestic violence; dating violence; sexual assault; or stalking; and the tenant vacates the residence not later than 14 days after the date on which the tenant provides the notice described in subparagraph (A). If a tenant terminates a lease agreement for the residence of the tenant under paragraph (1)— the tenant is not liable for any unpaid rent for the period of time beginning on the date that is— 14 days after the tenant gives the landlord notice under paragraph (1)(A); or agreed upon in the lease agreement; and not later than 21 days after receiving the notice described in paragraph (1)(A), the landlord shall return to the tenant— the appropriate share of a security deposit of the tenant; and in the case that it is not possible to discern the appropriate share of a security deposit of the tenant to be returned, not less than 20 percent of the security deposit of the tenant. Nothing in this section shall be construed to supersede or preempt— any provision of law enacted by a State or local government that provides greater protections for tenants than provided in this section; or any provision of section 41411 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 ) that offers greater protections to individuals residing in federally assisted housing that are victims of— domestic violence; dating violence; sexual assault; or stalking.
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Sec. 107
No cause evictions
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