Summary:

 Senate Bill 400 (SB 400) allows residents who are victims of domestic violence or sexual assault to be released without penalty from rental agreements; provides that other parties to the rental agreement may be released from financial responsibility and allowed to enter into a new rental agreement; provides that a person alleged to have committed domestic violence or sexual assault may be civilly liable to an owner regardless of whether the person was a party to the rental agreement; and makes conforming amendments.  

Legislation Overview:

 Senate Bill 400 (SB 400) adds a new section of the Uniform Owner-Resident Relations Act (Act), stating that a resident may terminate a rental agreement if they provide to the owner written notice that they are the victim of domestic violence or sexual assault that occurred in the dwelling unit or on the premises. In that case, the resident's rights and obligations regarding the rental agreement are terminated and the resident may vacate the dwelling unit and avoid liability for future rent and any related penalties.

In order to avoid ongoing payment obligations, early termination penalties or fees, the resident must provide a written notice requesting release from the rental agreement with a mutually agreed-upon release date within the next thirty days, accompanied by at least one of the following: 

(1) a copy of a protective order issued to the resident who is a victim of domestic violence or sexual assault; or 
(2) a letter or form from a provider of services for victims of domestic violence or sexual assault that states that the resident is a victim of domestic violence or sexual assault in the dwelling unit or on the premises. 

The resident may terminate the rental agreement only if the actions, events or circumstances that resulted in the resident being a victim of domestic violence or sexual assault occurred within the thirty day period immediately preceding the written notice of termination to the owner, unless the thirty-day limitation is waived by the owner. 

If the resident terminates the rental agreement as prescribed by this section and if the resident is solely or jointly liable on the rental agreement, the resident is liable only for rent owed or paid through the date of the rental agreement termination plus previous obligations outstanding on that date. The amount due from the resident must be paid to the owner on or before the date the resident vacates the dwelling unit. If the resident has prepaid rent that would apply for the month in which the rental agreement is terminated, the owner may retain the prepaid rent, and no refund is due to the resident. If the resident has paid a security deposit, the owner may not withhold the security deposit for the early termination of the rental agreement if the resident meets the prescribed requirements but may withhold the security deposit for payment of damages.

An owner who installs a new lock at the resident's request may retain a copy of the key that opens the new lock. Regardless of any provision in the rental agreement, the owner may refuse to provide a key that opens the new lock to the person alleged to have committed domestic violence or sexual assault.

An owner must refuse to provide access to the dwelling unit to reclaim property to a resident if the resident is the person alleged to have committed domestic violence or sexual assault against another resident, when provided with proper documentation.

A resident who terminates a rental agreement and who is convicted of falsely filing an order of protection for domestic violence or sexual assault is liable to the owner for damages for premature termination of the rental agreement. 

A person alleged to have committed domestic violence or sexual assault in an order of protection or a letter may be civilly liable for all economic losses incurred by an owner. This civil liability includes unpaid rent, early termination fees, costs to repair damage to the premises and reductions or waivers of rent previously granted to the resident who was the victim of domestic violence or sexual assault. 

If there are multiple residents who are parties to a rental agreement that has been terminated, the tenancy for those residents also terminates. The residents who are not the victims of domestic violence or sexual assault, excluding the person alleged to have committed domestic violence or sexual assault, may be released from financial obligations and may be allowed to enter into a new rental agreement with the owner if they meet all current application requirements. 

An emergency order of protection or a protective order that is issued to a resident of a rental property automatically applies to the entire residential rental property in which the resident has a rental agreement.





 

Current Law:

 
Current law allows for requests for protection regarding rental agreements for victims of sexual assault and domestic violence but does not guarantee it nor provide specificity regarding terms or other occupants.