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Legislative Year: 2021 Change
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Bill Detail: HB21-1121

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Title Residential Tenancy Procedures
Status Introduced In Senate - Assigned to State, Veterans, & Military Affairs (04/06/2021)
Bill Subjects
  • Civil Law
  • Courts & Judicial
House Sponsors D. Jackson (D)
I. Jodeh (D)
Senate Sponsors J. Gonzales (D)
House Committee Business Affairs and Labor
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/18/2021
Summary

Under existing law, certain residential landlords must give 10 days'
notice to tenants prior to starting eviction proceedings for failure to pay
rent or for a first or subsequent violation of any other condition or
covenant other than a substantial violation. The bill requires landlords to
give 14 days' notice in those situations.
Under existing law, the clerk of the court or the attorney for the

plaintiff may issue a summons to a defendant in an eviction action. The
bill requires that the clerk of the court issue the summons in a residential
eviction action. The bill extends the period for which the summons must
be issued from 7 days before the court appearance to 14 days before the
court appearance.
Under existing law, in certain circumstances, a person may serve
a notice to quit or summons to the tenant by posting a copy of the notice
or summons and the complaint in a conspicuous place upon the premises
and a person may serve a notice to quit by leaving it with a member of the
tenant's family who is at least 15 years old. The bill removes those
provisions for service in residential tenancy actions and requires that the
notice to quit or summons be served in the same manner as any other civil
action.
Under existing law, if a landlord wins judgment in an eviction
action, the court cannot issue a writ of restitution, which directs the
county sheriff to assist the landlord in removing the tenant, until 48 hours
after judgment. The bill extends the period for residential evictions to 14
days after judgment.
The bill prohibits residential landlords from increasing rent more
than one time in a 12-month period of tenancy.
The bill extends the notice period for nonpayment of rent for a
home owner in a mobile home park from 10 days to 14 days.
Under existing law, for a tenancy of one month or longer but less
than 6 months in which there is no written agreement between the
landlord and tenant, a landlord must give 21 days' written notice to the
tenant prior to increasing the rent. For a residential tenancy, the bill
extends the notice period to 60 days and makes it apply to a tenancy of
any duration without a written agreement. The bill prohibits a landlord
from terminating a residential tenancy in which there is no written
agreement with the primary purpose of increasing a tenant's rent without
providing 60 days' notice.

Committee Reports
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Fiscal Notes Fiscal Notes (03/18/2021) (most recent)  
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