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HI HB581
Bill
Status
1/25/2021
Primary Sponsor
Angus McKelvey
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AI Summary
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Prohibits commercial landlords from initiating or continuing eviction proceedings or collecting past-due rent from "impacted commercial tenants" during any COVID-19 emergency proclamation and for 90 days after it ends, provided the tenant serves written notice of their impacted status.
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Defers unpaid rent accrued during the emergency proclamation period until 12 months after the proclamation ends, unless the landlord and tenant agree otherwise.
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Allows impacted commercial tenants to request lease modifications during the emergency or within 60 days after, with landlords required to negotiate in good faith for 30 days; tenants may terminate the lease if no agreement is reached.
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Upon lease termination and property vacation within 14 days, tenants owe either three months of rent or the actual unpaid rent accrued during the emergency (whichever is less), plus all pre-emergency unpaid rent; third-party lease guaranties are terminated.
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Establishes civil liability of $250-$2,000 per violation plus actual damages and attorney's fees for commercial landlords who willfully violate the statute; applies to commercial tenants meeting criteria including 20% revenue decline, business opening delays, or 15% capacity reduction due to COVID-19 compliance.
Legislative Description
Relating To Commercial Tenant Protection.
Commercial Tenants Protection
Last Action
Carried over to 2022 Regular Session.
12/10/2021