| 24 | 24 | | Landlord and Tenant Act" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 34-18-38. Eviction for unlawfully holding over after termination or expiration of 3 |
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| 26 | 26 | | tenancy. 4 |
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| 27 | 27 | | (a) If the tenant remains in possession without the landlord’s consent after expiration of the 5 |
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| 28 | 28 | | term of the rental agreement or after the termination of a periodic tenancy, the landlord may 6 |
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| 29 | 29 | | commence an eviction action, which may be filed no earlier than the first day following the 7 |
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| 30 | 30 | | expiration or termination of the tenancy. The action shall be commenced by filing a “Complaint for 8 |
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| 31 | 31 | | Eviction for Reason Other Than for Nonpayment of Rent,” which shall be filed in the appropriate 9 |
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| 32 | 32 | | court according to the form provided in § 34-18-56(e). 10 |
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| 33 | 33 | | (b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the 11 |
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| 34 | 34 | | tenant has twenty (20) days from the date of service in which to file his or her answer to the 12 |
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| 35 | 35 | | complaint, and that if he or she fails to file his or her answer within that time, he or she will be 13 |
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| 36 | 36 | | defaulted. The matter may be assigned for hearing in accordance with the rules of procedure of the 14 |
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| 37 | 37 | | appropriate court. 15 |
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| 38 | 38 | | (c) If the tenant’s holdover is willful and not in good faith, the landlord may also recover, 16 |
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| 39 | 39 | | in addition to possession, an amount not more than three (3) months’ periodic rent or threefold the 17 |
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| 40 | 40 | | actual damages sustained by him or her, whichever is greater, and reasonable attorney’s fees. If the 18 |
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| 41 | 41 | | landlord consents to the tenant’s occupancy, the parties may agree to a definite term. If no term is 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 45 | 45 | | specified, the term shall be week-to-week if the tenant pays on a week-to-week basis, and in all 1 |
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| 46 | 46 | | other cases, month-to-month. 2 |
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| 47 | 47 | | (d) If a tenant dies during the term of the rental agreement, leaving no remaining signatories 3 |
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| 48 | 48 | | to the rental agreement living within the dwelling unit, the deceased's live-in caregiver or any other 4 |
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| 49 | 49 | | person of at least eighteen (18) years of age residing in the dwelling unit shall be permitted to 5 |
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| 50 | 50 | | continue the rental agreement for a period of time known as the post-death rental grace period. Any 6 |
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| 51 | 51 | | such person residing in the dwelling unit who chooses to continue the rental agreement shall be 7 |
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| 52 | 52 | | known as the grace period temporary tenant. The following conditions shall apply: 8 |
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| 53 | 53 | | (1) The grace period temporary tenant shall pay the rent agreed to in the rental agreement 9 |
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| 54 | 54 | | and assume all other obligations of the tenant pursuant to the terms of the existing rental agreement. 10 |
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| 55 | | - | (2) If the landlord objects to assigning grace period temporary tenant status by contesting 11 |
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| 56 | | - | whether the person was, in fact, residing in the unit, such person shall have the burden of proving 12 |
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| 57 | | - | that they were, in fact, residing in the unit. 13 |
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| 58 | | - | (i) The following shall be accepted as evidence of residing in the unit; 14 |
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| 59 | | - | (A) A current voter registration at the address in question; 15 |
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| 60 | | - | (B) An official state identification card or motor vehicle license; 16 |
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| 61 | | - | (C) A utility bill in the person’s name indicating that the person resides at the address; 17 |
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| 62 | | - | (D) A payroll check with the applicant’s name and address of residence; 18 |
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| 63 | | - | (E) A letter issued by a state or federal agency; 19 |
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| 64 | | - | (F) An insurance policy or associated documentation; 20 |
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| 65 | | - | (G) A jury duty summons; 21 |
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| 66 | | - | (H) A W-2 form or other tax document; 22 |
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| 67 | | - | (I) An installment loan contract; 23 |
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| 68 | | - | (J) A social security administration statement; 24 |
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| 69 | | - | (K) A pension or retirement account statement; 25 |
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| 70 | | - | (L) An affidavit signed under penalty of perjury indicating that the person does, in fact, 26 |
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| 71 | | - | reside in the unit; 27 |
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| 72 | | - | (M) Any other form of evidence that the department of housing may establish as sufficient 28 |
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| 73 | | - | through regulation. 29 |
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| 74 | | - | (ii) Even if the person seeking grace period temporary tenant status shall present sufficient 30 |
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| 75 | | - | evidence to satisfy the requirements of subsection (d)(2)(i) of this section, the landlord shall have 31 |
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| 76 | | - | the right to present evidence to the district court to rebut the claim that the person seeking grace 32 |
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| 77 | | - | period temporary tenant status does, in fact, reside in the unit. 33 |
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| 78 | | - | (3) The grace period temporary tenant may terminate the post-death rental grace period at 34 |
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| 55 | + | (2) The grace period temporary tenant may terminate the post-death rental grace period at 11 |
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| 56 | + | any time; provided, however, that the termination of the post-death rental grace period shall not be 12 |
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| 57 | + | construed to relieve the grace period temporary tenant from any obligations incurred under the 13 |
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| 58 | + | rental agreement during the duration of the post-death rental grace period. 14 |
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| 59 | + | (3) The length of the post-death rental grace period shall not exceed three (3) months, 15 |
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| 60 | + | unless mutually agreed upon by the landlord and the grace period temporary tenant. 16 |
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| 61 | + | (4) The post-death rental grace period shall not extend beyond the end of the term of the 17 |
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| 62 | + | rental agreement. 18 |
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| 63 | + | (5) Rent due for part of a month shall be prorated. 19 |
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| 64 | + | (6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver or 20 |
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| 65 | + | any other person residing in the dwelling unit to continue the rental agreement or assume any 21 |
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| 66 | + | obligations of the rental agreement. 22 |
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| 67 | + | (7) Nothing in this section shall be construed to restrict the ability of the landlord and 23 |
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| 68 | + | dwelling unit resident(s) to enter into a new mutually agreeable rental agreement. 24 |
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| 69 | + | (8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of the 25 |
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| 70 | + | estate of the deceased. 26 |
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| 71 | + | (9) Nothing in this section shall be construed to convey any civil or criminal liability on 27 |
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| 72 | + | the grace period temporary tenant for any actions of the deceased tenant. 28 |
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| 73 | + | (10) The landlord shall have the right to deduct damages to the dwelling unit incurred by 29 |
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| 74 | + | the deceased tenant or the grace period temporary tenant from a preexisting security deposit, 30 |
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| 75 | + | pursuant to the terms of the rental agreement, but the landlord shall not have the right to require an 31 |
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| 76 | + | additional security deposit from the grace period temporary tenant. The remaining balance of the 32 |
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| 77 | + | security deposit shall be allocated between the estate of the deceased and the grace period 33 |
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| 78 | + | temporary tenant proportional to the amount of time the deceased and the grace period temporary 34 |
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| 81 | | - | LC001475/SUB A - Page 3 of 5 |
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| 82 | | - | any time; provided, however, that the termination of the post-death rental grace period shall not be 1 |
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| 83 | | - | construed to relieve the grace period temporary tenant from any obligations incurred under the 2 |
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| 84 | | - | rental agreement during the duration of the post-death rental grace period. 3 |
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| 85 | | - | (4) The length of the post-death rental grace period shall be three (3) months or the 4 |
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| 86 | | - | remaining term of the rental agreement, whichever is shorter, unless the grace period temporary 5 |
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| 87 | | - | tenant chooses a shorter period, or the landlord and the grace period temporary tenant mutually 6 |
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| 88 | | - | agree on a longer period. The post-death rental grace period shall commence upon the death of the 7 |
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| 89 | | - | leaseholder. 8 |
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| 90 | | - | (5) Rent due for part of a month shall be prorated. 9 |
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| 91 | | - | (6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver or 10 |
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| 92 | | - | any other person residing in the dwelling unit to continue the rental agreement or assume any 11 |
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| 93 | | - | obligations of the rental agreement. 12 |
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| 94 | | - | (7) Nothing in this section shall be construed to restrict the ability of the landlord and 13 |
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| 95 | | - | dwelling unit resident(s) to enter into a new mutually agreeable rental agreement. 14 |
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| 96 | | - | (8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of the 15 |
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| 97 | | - | estate of the deceased. 16 |
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| 98 | | - | (9) Nothing in this section shall be construed to convey any civil or criminal liability on 17 |
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| 99 | | - | the grace period temporary tenant for any actions of the deceased tenant. 18 |
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| 100 | | - | (10) The landlord shall have the right to deduct damages to the dwelling unit incurred by 19 |
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| 101 | | - | the deceased tenant or the grace period temporary tenant from a preexisting security deposit, 20 |
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| 102 | | - | pursuant to the terms of the rental agreement, but the landlord shall not have the right to require an 21 |
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| 103 | | - | additional security deposit from the grace period temporary tenant. The remaining balance of the 22 |
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| 104 | | - | security deposit shall be allocated between the estate of the deceased and the grace period 23 |
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| 105 | | - | temporary tenant proportional to the amount of time the deceased and the grace period temporary 24 |
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| 106 | | - | tenant were party to the rental agreement, unless the duration of the post-death rental grace period 25 |
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| 107 | | - | shall be less than one month, in which case the balance of the security deposit shall be transferred 26 |
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| 108 | | - | in full to the estate of the deceased. 27 |
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| 109 | | - | (11) If multiple eligible residents of the dwelling unit separately elect to become grace 28 |
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| 110 | | - | period temporary tenants, all obligations of the rental agreement, including rent, shall be divided 29 |
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| 111 | | - | among them proportionally for such time as each shall remain a grace period temporary tenant. 30 |
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| 112 | | - | (12) If an eligible resident of the dwelling unit continues to reside within the rental unit for 31 |
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| 113 | | - | more than seven (7) days, they shall be assumed to have elected to become a grace period temporary 32 |
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| 114 | | - | tenant. 33 |
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| 115 | | - | |
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| 116 | | - | |
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| 117 | | - | LC001475/SUB A - Page 4 of 5 |
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| 118 | | - | SECTION 3. This act shall take effect upon passage. 1 |
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| 81 | + | LC001475 - Page 3 of 4 |
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| 82 | + | tenant were party to the rental agreement, unless the duration of the post-death rental grace period 1 |
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| 83 | + | shall be less than one month, in which case the balance of the security deposit shall be transferred 2 |
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| 84 | + | in full to the estate of the deceased. 3 |
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| 85 | + | (11) If multiple eligible residents of the dwelling unit separately elect to become grace 4 |
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| 86 | + | period temporary tenants, all obligations of the rental agreement, including rent, shall be divided 5 |
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| 87 | + | among them proportionally for such time as each shall remain a grace period temporary tenant. 6 |
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| 88 | + | (12) If an eligible resident of the dwelling unit continues to reside within the rental unit for 7 |
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| 89 | + | more than seven (7) days, they shall be assumed to have elected to become a grace period temporary 8 |
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| 90 | + | tenant. 9 |
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| 91 | + | SECTION 2. This act shall take effect upon passage. 10 |
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