Legislative lease update 2019

SB 151 Went Into Effect July 1, 2019
The Residential Lease Agreements have been updated to reflect legislative changes that have gone into effect July 1, 2019. Your revised Residential Lease Agreements are to be used effective immediately and can be found on Transaction Desk in the Residential Forms folder. Here are the changes that have gone into effect:

  • Increases the pay or quit timeline from 5 full days to 7 judicial days – was 10 judicial days in the original bill;
  • Requires the constable to post a notice for the tenant no earlier than 24 hours after the order;
  • Increases the period of time in which the constable has to remove a tenant in default of rent from not later than 24 hours to no earlier than 24 hours after the posting of the notice but no later than 36 hours after – original language was changing from within 24 hours to no earlier than 48 hours;
  • Removes the ability for conventional public housing (does not include section 8) to use the summary eviction process;
  • Keeps the amount of time a person has after receiving a written notice to surrender real property or a mobile home to 3 days unless the property transferred in a residential sale, and clarifies that the new owner has the same rights, obligations and liabilities as the previous owner as do the tenant. (i.e. the lease stays with the land, not the owner) – the original language was changing the timeframe to 30 days and did not include provisions about leases;
  • Allows the service of the notice by the agent of an attorney if an attorney has been retained by the owner to prosecute an eviction action;
  • Excludes commercial real estate.

Should you have any questions regarding SB 151, you can contact the Agent Legal Information Line at 800-748-6999.