The bill amends the Truth in Renting Act by updating the provisions related to tenant rights when a rental agreement contains violations. It specifies that if a rental agreement includes a provision that violates section 3, and the landlord does not remedy the violation within a specified timeframe after receiving written notice from the tenant, the tenant may seek various forms of relief. These include the ability to void the rental agreement, enjoin the landlord from including the offending provision in future agreements, and recover damages of either $250 or actual damages, whichever is greater. Additionally, if a rental agreement fails to include required provisions or contains explicitly prohibited provisions, the tenant has similar rights to seek relief.

The bill also clarifies the circumstances under which a tenant can exercise their rights without prior notice to the landlord, such as if a court has previously determined a provision to be in violation or if the landlord had actual knowledge of the violation at the time the agreement was made. Furthermore, it establishes that a prevailing party in such actions is entitled to recover court costs and attorney fees. The bill includes several insertions to enhance clarity and specificity in the language, such as changing "which" to "that" in various instances and defining "tenant" more clearly. The enactment of this bill is contingent upon the passage of two other specified bills in the legislature.

Statutes affected:
Senate Introduced Bill: 554.636