H1714B3764A10074 AJB:BTW 10/06/14 #90 A10074

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 1714

Sponsor: SENATOR FONTANA

Printer's No. 3764

 

1Amend Bill, page 7, by inserting between lines 23 and 24

2(i) In the event that the landlord wrongfully disposes of or
3otherwise exercises control over personal property in violation
4of this section, the tenant may have the right to bring action
5against the landlord in a lower court with jurisdiction over the
6rental unit within fifteen days following the postmark date of
7the landlord's written notice of the tenant's rights regarding
8the property under subsection (d). The following shall apply:

9(1) The tenant may have the right to treble damages and may
10be reimbursed for any reasonable attorney fees and court costs
11incurred by the tenant as a result of the landlord's actions.

12(2) If the court finds the landlord disposed of or exercised
13control of the personal property in violation of this section in
14bad faith, the landlord may be liable to the tenant for
15additional punitive damages of no less than one hundred dollars
16($100).

17(3) If the landlord fails to restore possession of the
18property to the tenant within seven days following the rendition
19of a judgment in favor of such, the landlord may be liable to
20the tenant for an additional penalty of up to one hundred
21dollars ($100) per day thereafter until possession of such
22property is restored to the tenant.

 

See A10074 in
the context
of HB1714