The bill amends the Truth in Renting Act by updating Section 6 to provide clearer guidelines for tenants regarding violations of rental agreements. It specifies that if a rental agreement contains 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 lacks a required provision or includes a prohibited one, the tenant can also seek similar remedies, with the potential for damages increased to $500.

The bill further clarifies that tenants can pursue remedies without prior notice to the landlord under certain circumstances, such as if a court has previously determined a provision to be in violation or if the landlord had actual knowledge of the violation. It also establishes that a prevailing party in such actions is entitled to recover court costs and attorney fees. The amendments include changes to the language for clarity, such as replacing "which" with "that" in several instances, and specify that all actions regarding a particular provision must be joined, limiting the damages awarded to $250 for that provision, even if multiple actions are filed. The bill will only take effect if certain other bills from the 103rd Legislature are also enacted into law.

Statutes affected:
Senate Introduced Bill: 554.636