Landlord and Tenant Act of 2016
Author: FRANK VAUGHN, COLLIN NASH
Sponsor: KATHERINE SUMMERS, COLLIN NASH
DO ORDAIN AS FOLLOWS:
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Section 1. Definitions
- "Landlord" refers to any individual whom is the legal owner of a given property and either collects rent at least once a week, makes use of tenancy agreements or makes use of initial payments. Alternatively, it refers to the owner of an apartment complex.
- "Tenant" refers to any individual renting a property owned by a landlord.
- "Eviction" refers to the forcible removal of a tenant from a landlord's property.
- "Tenancy agreement" refers to an agreed legally binding contract between a landlord and a tenant that details the rules and regulations of their residency in the landlord's property. Tenancy agreements may also be referred to as terms and conditions, terms of residency etc.
- "Rent" refers to the regular payment made by a tenant to a landlord in exchange for the use of their property.
- "Initial payment" refers to the one-off payment made by a tenant to begin renting a property owned by a landlord.
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Section 2. Landlord Regulations
- In addition to the regulations laid out in this Act, landlords are free to establish their own regulations for their tenants, including in regards to evictions, providing they do not violate the provisions of this Act. However, if any additional regulations are made, the landlord must inform the tenant of where to access these regulations prior to the tenant signing a tenancy agreement. It is therefore advised this be made available in writing, or via an e-mail, as to provide proof in instances of litigation.
- Any changes to a tenant's tenancy agreement must be communicated to them and shall take effect no sooner than SEVEN (7) days after the changes have been made.
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Section 3. Tenant Regulations
- Any violations of the provisions of this Act shall be initially enforced through the San Andreas Superior Court. However, the provisions of this Act apply only to privately owned properties and do not apply to landlords whom lease properties through the State of San Andreas.
- The San Andreas Superior Court may issue civil penalties in instances where the provision of this Act have been violated.
- State law enforcement agencies may also enforce the provisions of this Act if an infraction of this Act amounts to a violation of the San Andreas Penal Code.
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If a landlord allows tenants to move out of a property whilst allowing a prospective tenant to move in for a fee payable to the tenant, the tenant must inform the prospective tenant of where to access the landlord's property regulations prior to the prospective tenant signing a tenancy agreement. It is therefore advised this be made available in writing, or via an e-mail, as to provide proof in instances of litigation.
- If this method of sale is used, then it is the tenant whom is moving out who shall be deemed liable, and not the landlord, for any malpractice.
- The tenant must inform the prospective tenant of the price of rent prior to the signing of the tenancy agreement.
- Landlords may request, as part of additional regulations, a percent of the sale fee from the tenant whom is moving out. This fee must be made accessible to tenants in the regulations of the property. Failure of a tenant to pay this fee to the landlord upon completion of a sale shall be deemed a violation of this Act.
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If a landlord allows tenants to move out of a property whilst allowing a prospective tenant to move in for a fee payable to the tenant, the tenant must inform the prospective tenant of where to access the landlord's property regulations prior to the prospective tenant signing a tenancy agreement. It is therefore advised this be made available in writing, or via an e-mail, as to provide proof in instances of litigation.
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Section 4. Rent and Initial Payments
- Within San Andreas, payments obtained by landlords from tenants can largely be defined as either 'rent' or 'initial payments'.
- Landlords may not demand rent be paid for periods shorter than FOURTEEN (14) days at a time. However, for a tenant's first rent payment, payment may be collected for a period of less than FOURTEEN (14) days. Once the first payment has been made, the FOURTEEN (14) day time frame shall take effect.
- Unless agreed upon otherwise between a landlord and a tenant, a landlord shall allow a tenant to pay their rent by leaving the rent fee in the property's cashbox.
- Landlords may demand an initial payment of as high as a month's rent from a tenant for use of their property.
- The price of rent and the initial payment (if used) shall be communicated to the tenant prior to the signing of the tenancy agreement.
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Section 5. Evictions and Searches
- Landlords may perform evictions in instances where tenants fail to pay their agreed rent or violate their contract. Unless a different means of paying rent has been agreed upon, failing to pay rent shall be classified as when a tenant fails to leave their rent in their property's cashbox when a landlord is collecting rent.
- If a landlord evicts a tenant, he may not collect any or a partial fee from the property's cashbox, and should, if contacted by the former tenant, make reasonable attempts to return the fee to the tenant. A reasonable attempt shall include, if contacted by the tenant, to request to meet the tenant at the property they used to rent.
- Landlords may not evict tenants based on race, gender, age, sexual orientation, gender reassignment, religion or disability.
- Landlords may not use civilian employees to evict tenants whom refuse to leave after being evicted and may only contact law enforcement.
- Evictions in which tenants brandish weapons, improvised or otherwise, must be reported immediately to law enforcement by the individuals performing the eviction. Law enforcement will then take over responsibility for carrying out the eviction and the subsequent criminal proceedings.
- It is the responsibility of landlords to evict tenants whom fail to pay rent. Tenants are not obliged to reimburse landlords for any rent owed. Landlords are thereby recommended to collect rent for an upcoming period of time, rather than collecting rent for prior use.
- Once a tenant signs a tenancy agreement to rent a landlord's property, the tenant shall be protected against unreasonable search and seizures.
- Landlords may only report possible criminal activity to a law enforcement department and may not conduct searches on their own.
- If a landlord wishes to enter a property rented by a tenant, they must have a valid contractual reason to do so, and must give 24 hours of notice, unless in cases of emergencies.
- If a landlord enters a property rented by a tenant without searching it, and the reason is a non-emergency one, the tenant may deny the landlord access to the property for a maximum of ONE (1) hour.
- A landlord may not search the personal belongings of a tenant, and may only conduct strictly plain view inspections of the property.
- Landlords must present their tenants with an eviction notice at least FIVE (5) working days prior to the eviction]
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Section 6. Enforcement
- Any violations of the provisions of this Act shall be initially enforced through the San Andreas Superior Court. However, the provisions of this Act apply only to privately owned properties and do not apply to landlords whom lease properties through the State of San Andreas.
- The San Andreas Superior Court may issue civil penalties in instances where the provision of this Act have been violated.
- State law enforcement agencies may also enforce the provisions of this Act if an infraction of this Act amounts to a violation of the San Andreas Penal Code.
- This bill, if passed, shall come into effect seven (7) days after being signed.
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Katherine Summers
Mayor of Los Santos and its associated, unincorporated counties
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Katherine Summers
- I hereby certify that the foregoing ordinance was passed by the Legislature of the State of San Andreas, at its meeting on this 13th day of August
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William Benson
State Clerk
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William Benson
