Legislation Affecting Real Estate Practice

As the legislative session progresses, many bills of interest to dirt lawyers are on the move. Here is a list of notable legislation which has the potential to affect your practice area:
 
Rights of survivorship. Allows creation of a joint tenancy with right of survivorship and requires any share of a descended tenant to go to the surviving one.  

Taxation of residential property based on tree density. Requires that tree density is considered as a factor in determining residential property value and the respective taxation in Davidson and Shelby Counties.

Requires landlords provide email addresses. Requires a landlord to provide certain local governmental agencies responsible for enforcing building codes the landlord's email address, in addition to name, telephone number, and physical address. 

Notice landlord regarding change of tenant's email address. Requires a tenant to notify the landlord within ten days of a change of email address. 

Addresses tenant and landlord email notification. Allows a tenant to rescind the use of an email address provided in the rental agreement by written notice to the landlord. Broadly captioned.

Requires register of deeds send written notice to the property owner before recording a lien. Requires the register of deeds to send written notice to the property owner prior to recording a lien.

Removes certain state provisions regarding property tax. Eliminates certify valuation to local officials, authority to place liens, and issue distress warrants for state property tax.

Payment rights of contractors and subcontractors. Prohibits a written contract to have a condition precedent for payment clause where the prime contractor is not required to pay the remote contractor due to contract, or until they are paid by the construction owner. 

Requires baby changing station in new buildings. Adds at least one baby diaper changing station that is accessible to both men and women for new public bathrooms in any public building that is owned or operated by a public entity. 

Certification for electrical inspects contracted by local or state government. Requires electrical inspectors employed by a local or state government to be certified by the state fire marshal and for this certification to be completed every three years. 

Creates a registry of tenants evicted through writs of possession. Directs the housing development agency to create a registry of tenants who have been evicted through the execution of a writ of possession, which will be accessible to landlords in this state. 

The requirement of notice from the delinquent tax attorney relative to property tax. Requires the delinquent tax attorney to pose a copy of the proceeding and send a copy by first-class mail addressed to “occupant” at the last known municipal address of the parcel. 

Authority to impose a monitoring inspection fee on each manufactured home. Removes the authority to impose a monitoring inspection fee on each manufactured home produced in Tennessee from the commissioner of commerce and insurance.

An increase of the homestead exemption. Creates a homestead exemption for agricultural land, increases aggregate value of real property homestead exemptions while establishing that, in 3-year intervals, the fiscal review committee will recommend to the general assembly increases in the homestead exemption.

Service of process. Adds a private process server to the list of individuals authorized to personally serve a copy of a warrant or summons on behalf of a landlord in an action for forcible entry and detainer to regain possession of such landlord's real property.

Time-share and vacation club property. Classifies time-share and vacation club property that includes an interest in real property as residential property. 

Increases time allotted for a home seller to refund a buyer. Increases from 10 days to 15 days the time frame which a buyer is required to refund payments to the buyer when a home solicitation sale has been canceled or an offer to purchase was revoked.
 
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