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 address 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 prohibited provisions, the tenant has similar rights to seek relief.
The bill also clarifies the circumstances under which a tenant can pursue remedies without prior notice to the landlord, such as if the provision has been previously determined to be in violation by a court or if the landlord had actual knowledge of the violation. It establishes that a party prevailing in an action under this section is entitled to recover court costs and attorney fees. Furthermore, it mandates that all actions regarding a specific provision must be joined, limiting the damages awarded to $250 for that provision, even if multiple actions are filed. The bill also redefines "tenant" to mean a person currently party to a rental agreement with the lessor.
Statutes affected: House Introduced Bill: 554.636