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OLR Bill Analysis
sHB 6433
AN ACT CONCERNING INSPECTIONS OF RENTAL PROPERTY
PRIOR TO OCCUPANCY OR TERMINATION AND LATE RENTAL
PAYMENTS.
SUMMARY
This bill requires (1) landlords to give tenants the opportunity to
conduct a pre-occupancy inspection of a dwelling unit to determine its
condition and (2) landlords and tenants to execute a written agreement
after any such inspection noting any conditions, defects, or damages. It
prohibits landlords from retaining any part of a tenant’s security
deposit for any of the issues noted in these agreements.
The bill also requires landlords to notify tenants of their right to
request a post-occupancy inspection and, after the inspection, provide
a statement listing any issues the landlord proposes to claim as a basis
for withholding any part of the tenant’s security deposit. It requires the
Department of Housing to provide a standardized inspection checklist
on its website for landlords and tenants to use during the pre- or post-
occupancy inspections to document a unit’s condition.
Additionally, the bill (1) limits the late charges landlords may
impose for overdue rent pursuant to a rental agreement that includes a
provision authorizing such fees and (2) requires them to apply any
rent payments they receive to the most recent payment due.
EFFECTIVE DATE: October 1, 2021
§§ 1 & 4 — REQUIRED RENTAL UNIT INSPECTIONS
Pre-Occupancy Inspection
The bill requires landlords, after executing a rental agreement, to
offer tenants an opportunity to inspect the dwelling unit subject to the
rental agreement to determine its condition before occupying it; a
tenant's inspection must be conducted in conjunction with the landlord 2021HB-06433-R000135-BA.DOCX
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or the landlord's agent. If the tenant requests the pre-occupancy
inspection, following the inspection but before occupying the unit, the
bill requires the tenant and landlord to sign a written agreement
attesting to the unit’s condition that notes existing conditions, defects,
or damages identified during the inspection.
The bill prohibits a landlord from keeping any portion of a tenant's
security deposit for a condition, defect, or damage noted in the pre-
occupancy inspection agreement. Under the bill, this agreement is
admissible, but not conclusive, as evidence of the unit’s condition at
the beginning of a tenant's occupancy in administrative or judicial
proceedings.
Post-Occupancy Inspection
After a landlord or tenant gives notice of his or her intention to
terminate a tenancy, the bill requires the landlord, within a reasonable
time period, to notify the tenant of his or her right to request an
inspection of the unit before vacating it and be present at the
inspection. Under the bill, a landlord must conduct the inspection (1)
at a time agreed upon with the tenant and (2) no more than two weeks
before the end of the tenancy.
Following a post-occupancy inspection, the landlord must provide
the tenant with a statement that (1) the unit is in satisfactory condition
as of the inspection date or (2) lists the conditions the landlord will
claim as the basis for withholding any portion of the tenant's security
deposit. The bill makes this statement admissible, but not conclusive,
as evidence in administrative or judicial proceedings.
§§ 2 & 3 — LIMITS ON LATE CHARGES FOR OVERDUE RENT
By law, if a rental agreement includes a provision requiring tenants
to pay a late charge for overdue rent, it must allow tenants a nine-day
grace period (or four days for week-to-week tenancies), before
imposing the charge. The bill limits the late charges landlords may
impose after this grace period has passed.
Under the bill, if a rental agreement contains a valid written 2021HB-06433-R000135-BA.DOCX
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agreement to pay late charges after the grace period, the charges
cannot exceed the lesser of (1) $5 per day, up to a $25 maximum, or (2)
5% of the overdue rent or, 5% of the tenant's share of the rent in the
case of rental agreements that are partially paid by a government or
charitable entity. The bill prohibits rental agreements from stipulating
late charges that exceed these limits.
Additionally, the bill prohibits landlords from assessing more than
one late charge on an overdue rent payment and requires that they
apply new rent payments to the most recent payment due.
COMMITTEE ACTION
Housing Committee
Joint Favorable Substitute
Yea 13 Nay 2 (03/09/2021)