This bill amends the Revised Judicature Act of 1961 by making significant changes to sections 5720, 5741, and 5759. It introduces new provisions that prevent courts from entering judgments for possession against defendants in cases of alleged termination of tenancy if certain conditions are met, such as if the termination was retaliatory or without cause. The bill specifies that if a defendant can demonstrate that they attempted to enforce their rights or complained about the landlord within 90 days prior to the proceedings, a presumption of retaliatory termination arises, shifting the burden of proof to the plaintiff. Additionally, it clarifies that if a plaintiff is found to be in breach of the lease, any late fees cannot be included in the judgment for possession.

Further, the bill modifies the process for determining the amount due in cases of nonpayment of rent, requiring judges to deduct amounts for days when the plaintiff was in breach of the lease. It also establishes a framework for taxable costs in tenancy cases, allowing judges discretion in awarding costs based on the circumstances of the case. The amendments aim to enhance tenant protections and ensure fair treatment in eviction proceedings. The enactment of this bill is contingent upon the passage of another related bill.

Statutes affected:
House Introduced Bill: 600.5720