HB1814113th GA (Historical)Introduced

Amends TCA Title 66.

Present law requires the landlord, or any person authorized to enter into a rental agreement on the landlord's behalf, to disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the following:<br /> <br /> (1) The agent authorized to manage the premises; and<br /> <br /> (2) An owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.<br /> <br /> This bill changes the above provisions and requires, instead, the landlord, or another person authorized to enter into a rental agreement on the landlord's behalf, to disclose to the tenant in writing at or before the commencement of the tenancy the name; telephone number during business hours; 24-hour emergency telephone number, if different; office electronic mail address; maintenance electronic mail address, if different; and address of the agent authorized to manage the premises and an owner of the premises, or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.<br /> <br /> Present law also provides that a person who fails to comply with the above provisions becomes an agent of each person who is a landlord for the purpose of service of process and receiving and receipting for notices and demands. <br /> <br /> This bill adds to the present law that if the information required by the above provision is not provided in the lease agreement or other writing, then the tenant may provide written notice requesting the information. If the information is not provided to the tenant within 10 days of the tenant submitting a written request in accordance with this bill, then the tenant may bring a cause of action to require the provision of the information required by this bill. If a court finds that a landlord, or an agent of the landlord, failed to comply with this, then the court must order that the information be provided and award the tenant reasonable costs and attorneys' fees.<br /> <br /> Finally, this bill requires that the information required to be furnished by this bill must be kept current, and this bill extends to and is enforceable against a successor landlord, owner, or manager.<br /> <br /> APPLICABILITY<br /> <br /> This bill applies to agreements entered into on or after January 1, 2025.<br /> <br /> ON APRIL 11, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1814, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, require the landlord, or a person authorized to enter into a rental agreement on the landlord's behalf, to disclose to the tenant in writing at or before the commencement of the tenancy the following:<br /> <br /> (1) The name and address of (i) the agent authorized to manage the premises, which may include a third-party management company; and (ii) an owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands; and<br /> <br /> (2) A telephone number or electronic mail address for maintenance services; or an online portal system designed for landlord-tenant communication.<br />

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Overview

Present law requires the landlord, or any person authorized to enter into a rental agreement on the landlord's behalf, to disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the following:<br /> <br /> (1) The agent authorized to manage the premises; and<br /> <br /> (2) An owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.<br /> <br /> This bill changes the above provisions and requires, instead, the landlord, or another person authorized to enter into a rental agreement on the landlord's behalf, to disclose to the tenant in writing at or before the commencement of the tenancy the name; telephone number during business hours; 24-hour emergency telephone number, if different; office electronic mail address; maintenance electronic mail address, if different; and address of the agent authorized to manage the premises and an owner of the premises, or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.<br /> <br /> Present law also provides that a person who fails to comply with the above provisions becomes an agent of each person who is a landlord for the purpose of service of process and receiving and receipting for notices and demands. <br /> <br /> This bill adds to the present law that if the information required by the above provision is not provided in the lease agreement or other writing, then the tenant may provide written notice requesting the information. If the information is not provided to the tenant within 10 days of the tenant submitting a written request in accordance with this bill, then the tenant may bring a cause of action to require the provision of the information required by this bill. If a court finds that a landlord, or an agent of the landlord, failed to comply with this, then the court must order that the information be provided and award the tenant reasonable costs and attorneys' fees.<br /> <br /> Finally, this bill requires that the information required to be furnished by this bill must be kept current, and this bill extends to and is enforceable against a successor landlord, owner, or manager.<br /> <br /> APPLICABILITY<br /> <br /> This bill applies to agreements entered into on or after January 1, 2025.<br /> <br /> ON APRIL 11, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1814, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, require the landlord, or a person authorized to enter into a rental agreement on the landlord's behalf, to disclose to the tenant in writing at or before the commencement of the tenancy the following:<br /> <br /> (1) The name and address of (i) the agent authorized to manage the premises, which may include a third-party management company; and (ii) an owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands; and<br /> <br /> (2) A telephone number or electronic mail address for maintenance services; or an online portal system designed for landlord-tenant communication.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 10, 2024

Subjects
269539751010

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