Bill: HB 1009, 84(R) - 2015
Committee
House Business & Industry
Vote Recommendation
Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
Neutral |
Neutral |
Positive |
Neutral |
Negative |
Neutral |
Author(s)
Yvonne Davis
Bill Caption
Relating to application fees and deposits paid to a landlord of residential rental property.
Fiscal Notes
The Office of the Attorney General indicated the costs associated with implementation of the bill
could be absorbed with existing resources.
Bill Analysis
HB 1009 would entitle a rental applicant to the refund of a deposit if the
applicant is rejected as a tenant or withdraws the application before the application has been
processed but authorizes a landlord to retain the deposit if the applicant gives false information
on the rental application.
HB 1009 would require the landlord, if the landlord
rejects an applicant, to return any deposit not later than the fifth day after the date the application
is rejected.
Vote Recommendation Notes
HB 1009 would protect the financial property rights of apartment applicants by entitling them to a refund of their deposit. This would help those in financial distress at least recover the few hundred dollars from the deposit after being denied through the application process. If the deposit was unjustifiably kept by the property manager, then that money should be returned to the applicant. But because this bill expands the reach of government into the private sector, it goes against our limited government principle. Because of this conflict we remain neutral.