What Are The Changes?
- Notices must now be served by licensed professionals. Notices can only be served by the following persons: Licensed Process Server, Attorney, Agent of Retained Attorney, Constable or Sheriff. Prior law allowed the landlord themselves or landlord’s property manager or agent (under perjury of penalty declaration of service) to serve an eviction notice to a tenant.
- Tenants who pay rent late can now be charged a MAXIMUM late fee of ONLY 5% of the periodic rent. (example: $1000/month rental unit, max late fee for one month late is $50). Prior letter of the law said landlord’s can charge a “reasonable” late fee. (old example: $1000/month rental unit, accepted “reasonable” late fee could be $50 automatic plus $10/day; meaning one month late fee could be $300)
- Tenants now have 7 full judicial days, upon being properly served a non-payment of rent eviction notice, to pay their rent due or surrender the keys and property possession back to the landlord. Before the changes the tenants had to do the same by noon of the 5th judicial day.
- Sheriff or Constable Lockouts (tenant being removed) can no longer take place prior to the 24 hour notice period ending. The tenants, upon being served a 24 hour lockout notice, must be removed between the end of the 24 hours but no later than 36 hours after service. Prior to this change the Sheriff or Constable could show up at the property anytime within 24 hours of serving the 24 hour notice.
- Landlords must allow access to the property during the first 5 calendar days after the tenant has been evicted in order to get any leftover personal property. Prior law said the tenant must get their leftover personal property within 30 calendar days of being removed but placed no burden on the landlord within the first 5 calendar days.