Need-To-Know Facts About SB 38

NOTICE AND FILING CHANGES
Electronic Notices: Landlords can now send notices via email or online portals if the tenant agreed to this method in writing (such as in the lease).

The "First-Time" Grace Rule: If the only issue is unpaid rent and the tenant has only been late once during the lease term, the landlord must provide a "notice to pay rent or vacate". This gives the tenant a chance to pay and stay. However, if rent is late more than once, the landlord can proceed directly to a standard "notice to vacate," which does not require them to accept the late payment.

Faster Service: Once a case is filed in Justice Court, constables now have a strict five-business-day window to attempt service of the citation to the defendant.

SQUATTERS
If you provide enough evidence that an occupant has no legal right to be there, a judge can issue a summary disposition (an eviction judgment without a full trial). This can be done in as few as five days after filing. 

APPEALS
Rent must be paid; tenant must pay one month's rent into registry within five days of appeal and must continue to pay rent as due; tenants must affirm under oath that they are not just appealing to delay the process; if tenant stops paying rent, the landlord can obtain a writ of possession immediately, even before CCL hears the appeal.

For more information regarding SB 38, please click here. If you are an owner/manager or rental property owner and would like to submit your feedback on how SB 38 is being enforced in your local area, please complete this TAA survey here.