HB 24-1098 CO Became Law
Cause Required for Eviction of Residential Tenant
A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →
Summary
With certain exceptions, the act prohibits a landlord from evicting a residential tenant unless the landlord has cause for eviction. Cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended by the act; A tenant or lessee engages in conduct that creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or an immediately adjacent property, or where the tenant negligently damaged the property; or Conditions exist constituting grounds for a "no-fault eviction". The following conditions constitute grounds for a "no-fault eviction" of a residential tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; Occupancy of the residential premises is assumed by the landlord or a family member of the landlord; Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises; A tenant refuses to sign a new lease with reasonable terms; and A tenant has a history of nonpayment of rent. If a landlord proceeds with an eviction of a tenant without cause, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant and may assert the landlord's violation as an affirmative defense to an eviction proceeding. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy. For the purpose of such notices, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The act eliminates these provisions. Current law requires the management of a mobile home park to make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The act increases this notice period to 72 hours. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)
Sponsors (4)
- Javier Mabrey Democratic · primary
- Monica Duran Democratic · primary
- Julie Gonzales Democratic · primary
- Nick Hinrichsen Democratic · primary
Action history (20)
- Apr 19, 2024 Governor Signed · executive
- Apr 10, 2024 Sent to the Governor · executive
- Apr 9, 2024 Signed by the President of the Senate · upper
- Apr 8, 2024 Signed by the Speaker of the House · lower
- Mar 28, 2024 House Considered Senate Amendments - Result was to Concur - Repass · lower
- Mar 27, 2024 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 26, 2024 Senate Third Reading Passed with Amendments - Floor · upper
- Mar 25, 2024 Senate Second Reading Passed with Amendments - Floor · upper
- Mar 25, 2024 Senate Second Reading Passed with Amendments - Committee · upper
- Mar 22, 2024 Senate Second Reading Laid Over to 03/25/2024 - No Amendments · upper
- Mar 21, 2024 Senate Second Reading Laid Over Daily - No Amendments · upper
- Mar 18, 2024 Senate Second Reading Laid Over to 03/21/2024 - No Amendments · upper
- Mar 15, 2024 Senate Second Reading Laid Over Daily - No Amendments · upper
- Mar 12, 2024 Senate Second Reading Laid Over to 03/15/2024 - No Amendments · upper
- Mar 7, 2024 Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole · upper
- Feb 26, 2024 Introduced In Senate - Assigned to Local Government & Housing · upper
- Feb 20, 2024 House Third Reading Passed with Amendments - Floor · lower
- Feb 16, 2024 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
- Feb 14, 2024 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole · lower
- Jan 24, 2024 Introduced In House - Assigned to Transportation, Housing & Local Government · lower
Full text
The full text hasn’t been imported yet. CivicGate fetches it from the state legislature’s published version documents — check now.
Comments
Data from OpenStates. View on OpenStates →
Comments