Effective Date: October 1, 2021
Key points:
Limitations on Late Fees:
Landlords cannot charge a late fee unless the rent payment is at least seven calendar days overdue.
Late fees are capped at the greater of $50 or 5% of the past due rent amount.
Late fees must be disclosed in the rental agreement, and landlords cannot initiate eviction solely for unpaid late fees.
Prohibited Lease Clauses:
Rental agreements cannot include one-way fee-shifting clauses that award attorney fees and court costs only to one party.
Unreasonable liquidated damage clauses related to rental violations or eviction actions are banned.
Eviction Proceedings:
Tenants can pay the full amount due to the landlord at any time until a court has ordered a writ of restitution.
The bond requirement for asserting a breach of the warranty of habitability as an affirmative defense is eliminated.
Courts are directed to set trial dates no sooner than seven and no more than ten days after the tenant files an answer, with provisions for extensions if justified.
Tenant Remedies and Penalties for Landlords:
Landlords violating these provisions must pay a $50 penalty to the tenant for each violation and have seven days to cure the violation upon notice.
If the landlord fails to cure the violation, tenants may seek remedies including compensatory damages, additional penalties between $150 and $1,000 per violation, and attorney fees.
