Landlord and Tenant - Eviction Actions - Filing Surcharge and Prohibited Lease Provisions
Impact
The bill amends existing laws to prohibit landlords from passing the burden of this surcharge onto tenants either through lease agreements or additional fees. This means that landlords will absorb the cost of filing surcharges, which proponents argue will protect tenants from additional financial strain during eviction proceedings. The adjustments aim to create a more balanced approach to eviction actions, recognizing the hardships faced by tenants and promoting fairer treatment within the housing market.
Summary
Senate Bill 223 addresses issues related to eviction actions and the associated costs involved in these legal proceedings. The bill primarily proposes an increase in the surcharge that the District Court is required to assess for filing civil cases concerning summary ejectment, tenant holding over, or breach of lease that seeks judgment for possession of residential property against a residential tenant. The proposed surcharge will be set at $73 per filing, significantly raising the previous fee of $8. This increase is intended to help fund legal services and support systems for low-income residents affected by eviction cases.
Contention
Notably, there may be opposition to the bill from landlord associations and property management groups who view the increase in surcharges as an unfair burden on landlords, especially small property owners. They argue that raising filing fees can limit the ability of landlords to effectively manage their properties and seek legal recourse in cases of non-payment. The bill also seeks to limit the lease provisions that would allow landlords to retaliate against tenants who participate in tenant organizations or negotiate collectively, which may also generate discussion about tenant rights and protections.