Monday, March 12, 2012

More details on how SB 466 / AB 561 is a complete mess

From Brenda Konkel...

After working at the Tenant Resource Center since 1991, I have no idea what the laws will be if AB561 passes. It is full of inconsistencies, items that are unclear and unintended or unstated consequences.

Example 1: How is this going to work?

"A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a standardized information check-in sheet that contains an
itemized description of the condition of the premises at the time of check-in."

The very next sentence reads.

"The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord"

So, who fills in the check in sheet, the landlord or the tenant? If both, how does that work?

Example 2: What does this mean?
"704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of this chapter may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue and order or promulgate a rule under s. 100.20 that changes any right or duty arising from this chapter."

Generally speaking, 704 says things like the tenant has the right to exclusive possession of the property. Then DATCP rules say that the landlord has to give 12 hours notice to enter. Would that kind of rule, since it changes a right (right to enter?) or duty, no longer be able to be promulgated? What kind of rules would they be able to promulgate? Only rules that are not mentioned in 704?

There's more, there is much more. This bill is terrible.

Stay tuned for yet more details on how this bill is going to make life more difficult for tenants and clog the courts with unnecessary litigation...