Present law requires a landlord or a person authorized to enter into a rental agreement on the landlord's behalf, subject to the Uniform Residential Landlord and Tenant Act (the "Act"), to disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of the agent authorized to manage the premises; and an owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands. This bill deletes the provisions above and provides, instead, that a landlord or a person authorized to enter into a rental agreement on the landlord's behalf, whether subject to the Act or not, must disclose to the tenant in writing, at or before the commencement of the tenancy, the name; telephone number during business hours; 24-hour emergency telephone number, if different; office electronic mail address; maintenance electronic mail address, if different; and physical address of such persons. Present law provides that a person who fails to comply with the disclosure requirements becomes an agent of each person who is a landlord for the purpose of service of process and receiving and receipting for notices and demands. This bill deletes this provision and provides, instead, that a landlord or person who fails to comply with the disclosure requirements: (1) Becomes an agent of each person who is a landlord for the purpose of accepting service of process and receiving and receipting for notices and demands; and (2) Is liable, after 20 business days from the date the tenancy was established, for failure to furnish the information required in the amount of $10 per day that the information is not furnished, beginning on the twenty-first business day from the date the tenancy was established, up to a maximum amount of $150. This bill authorizes a tenant to bring a cause of action in a court of competent jurisdiction to seek payment of the fine. If a court finds that a landlord, or agent of the landlord, failed to comply with the disclosure requirements, then the court must award the tenant the fine, as described above; and reasonable costs and attorneys' fees.

Statutes affected:
Introduced: 67-4-409(i)(4)(A), 67-4-409