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Legislative Year: 2023 Change
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Bill Detail: HB23-1095

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Title Prohibited Provisions In Rental Agreements
Status Introduced In House - Assigned to Business Affairs & Labor (01/20/2023)
Bill Subjects
  • Housing
House Sponsors S. Woodrow (D)
M. Lindsay (D)
Senate Sponsors
House Committee Business Affairs and Labor
Senate Committee
Date Introduced 01/20/2023
Summary

Current law prohibits a written rental agreement from including:
  • An unreasonable liquidated damages clause that assigns a
cost to a party stemming from an eviction notice or an
eviction action for a violation of the rental agreement; or
  • A one-way, fee-shifting clause that awards attorney fees
and court costs only to one party. Any fee-shifting clause
in a rental agreement must award attorney fees to the
prevailing party in a court dispute.
The bill amends these prohibitions so that:
  • A written rental agreement must not include any clause that
assigns a penalty to a party stemming from an eviction
notice or an eviction action that results from a violation of
the rental agreement; and
  • Any fee-shifting clause in a rental agreement must award
attorney fees to the prevailing party only following a
determination that the party prevailed and the fee is
reasonable.
The bill also prohibits a written rental agreement from including:
  • A waiver of the right to a jury trial; the ability to pursue,
bring, join, litigate, or support certain class or collective
claims or actions; the implied covenant of good faith and
fair dealing; or the implied covenant of quiet enjoyment;
  • A provision that purports to affix any fee, damages, or
penalty for a tenant's failure to provide notice of
nonrenewal of a rental agreement prior to the end of the
rental agreement;
  • A provision that characterizes any amount or fee set forth
in the rental agreement, with the sole exception of the set
monthly payment for occupancy of the premises, as rent
for which all remedies to collect rent, including eviction,
are available; or
  • A provision that requires a tenant to pay a fee in excess of
the amount the landlord paid for a service for which the
landlord is billed by a third party or that purports to recoup
costs incurred by the landlord in processing any such
services or billing.

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with Amendments
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