Legislative Updates from Hellmuth & Johnson PLLC Summer 2010 Real Estate Newsletter
Posted by Nancy Yang
There are several new laws that passed during the 2010 legislative session and that have taken effect August 1, 2010. Below are two related to real estate law.
Ensuring consumer choice
Renters will be guaranteed the right to purchase cable or telephone services from a provider of their own choosing under a new law. This new law prevents landlords from forbidding or discriminating against tenants for choosing one telecommunications provider over another. While mostly effective April 16, 2010, a provision effective August 1, 2010, will make it easier for telephone companies to offer “triple-play” services- voice, video and Internet- by letting local governments grant cable franchises to companies that already provide phone services within a given area.
Landlord-tenant changes enacted
Landlord advocates and tenant advocates have agreed to a compromise on some issues that have been a source of contention. Provisions in a new law that have taken effect include:
• landlords must provide receipts if the rent or
other payments are paid in cash;
• new notice requirements for eviction actions
when a tenant remains in a property after the
redemption time has expired;
• a new penalty up to $500 plus reasonable attorney fees is established for tenants who
lie on their application and an existing penalty that applies to landlords who keep a
deposit in bad faith is increased from $200 to $500; and
• additions to the prohibited activities of a landlord with respect to an applicant’s
screening fee, including a prohibition from using, cashing, or depositing a screening fee
“until all prior applicants have been screened and rejected, or offered the unit and declined
to enter into a rental agreement.”
Disclaimer: This newsletter provides general information on legal matters, and should not be relied upon as legal advice. A qualified attorney must analyze the relevant facts and apply the applicable law to provide specific legal advice. If you require legal advice or want additional information regarding the services we offer, please contact us at 952-941-4005 or info@hjlawfirm.com.