This question came from one of our users:
"Do landlords have to comply with the 2025 law, and what happens if they don’t?"
Yes, landlords must comply with the new 2025 laws. If a landlord fails to follow these enhanced protections, tenants have limited options and may be able to recover damages.
What are some of the new laws?
Landlord Retaliation Act
A landlord cannot take retaliatory action against a tenant (terminating a lease, increasing rent, decreasing service, threatening to bring a lawsuit, refusing to renew a lease) if the tenant does any of the following in good faith:
- Complain of code violations to a government agency
- Complain about a building, housing, health code violation, or illegal practice to a community organization
- Asked for the assistance of a community organization to remedy a code violation or illegal practice
- Complained or asked the landlord to make repairs to fix code violations or illegal practices
- Organize or become a member of a tenants’ union or other organization
- Testified in court or administrative proceedings about the condition of the premises
- Exercised any right or remedy available by law
What are the Remedies for Violation of the Act?
Violation of the Act will provide the tenant with a defense against any retaliatory action. The tenant also has the right to file a civil suit against the landlord and could seek the following remedies:
- Termination of the lease, with the return of all security deposits and prepaid rent
- Retake possession of the premises if the landlord has wrongfully removed or sought to remove the tenant
- Recovery of two (2) months rent or two (2) times the damages, whichever is greater, and reasonable attorneys’ fees
Flood Risk Disclosure
Landlords are now required to disclose, in writing, about potential flood risks. The disclosure must include whether the property is in a FEMA Special Flood Hazard Area (“SFHA”) or if any lower-level units (basement/garden) have flooded in the past ten (10) years.
What are the Remedies for Violation of the Act?
If a landlord fails to provide the required information in writing to a tenant and flooding occurs, a tenant could seek the following remedies:
- Terminate the lease by giving written notice
- Bring a lawsuit to recover damages for lost personal property
The Security Deposit Interest Act
In a rental property that has more than 25 units, a landlord is required to pay interest on security deposits held for longer than six (6) months. The landlord must pay the interest to the tenant in cash or a credit towards rent within thirty (30) days after every twelve (12) month rental period.
If a landlord fails or refuses to pay the interest, they could be found liable in court for an amount equal to any security deposit, along with court costs and reasonable attorneys’ fees.
Reusable Tenant Screening Report
Tenants are now allowed to submit their credit reports as an option instead of being charged a fee during the screening process. The requirements for the report are that it must be within the last thirty (30) days and be produced by a consumer credit reporting agency. The report must identify the applicant by name and last known address and include income verification, as well as an eviction history check.
This enables lower costs for applicants and a faster screening process.
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.