[§521-84] Pre-litigation mediation for tenancies subject to certain emergency proclamations. [See Note below.] (a) This section shall apply to any tenancy subject to suspension of sections 521-68 and 521-71 and chapter 666, under emergency proclamations issued by the governor and relating to wildfires when it becomes legally permissible to terminate a residential tenancy for nonpayment of rent.
(b) A landlord or the landlord's agent, any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time period mentioned in the notice as provided in subsection (c), not less than fifteen calendar days after receipt thereof, the rental agreement shall be terminated. If the tenant cannot be served with notice as required, notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of posting. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession, subject to subsections (c) through (j). The notice required in this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement.
(c) The fifteen-calendar-day notice shall provide, at a minimum, the following information:
(d) The landlord or the landlord's agent shall provide the fifteen-calendar-day notice to any mediation center funded by the State that offers free mediation for residential landlord-tenant matters. The mediation center shall contact the landlord or landlord's agent and the tenant to schedule the mediation within fifteen calendar days of receipt of the landlord's notice pursuant to subsection (c). The mediation center shall offer to facilitate the mediation using remote means, such as video conferencing, telephone, or other similar means, and shall not require in-person mediation. If a tenant schedules mediation within the fifteen-calendar-day period, regardless of whether the scheduled mediation session occurs within the fifteen-calendar-day period, the landlord shall only file a summary proceeding for possession after the expiration of thirty calendar days from the date of the tenant's receipt of the landlord's notice. If the tenant schedules mediation, the landlord and tenant shall participate. If the tenant schedules but then cancels a mediation, or if the tenant does not appear at the scheduled mediation, the landlord may file the action for summary possession immediately and shall not be required to wait for the expiration of the thirty calendar days.
(e) The summary possession complaint for nonpayment of rent shall include:
(f) If the mediation has not occurred as of, or been scheduled for a future date after, the return hearing date on the summary possession complaint, the court, in its discretion and based on a finding of good cause, may order a separate mediation.
(g) If the mediation has occurred as of the return hearing date on the summary possession complaint, the court, in its discretion and based on a finding of good cause, may order a separate mediation.
(h) If there is any defect in the fifteen-calendar-day notice described in subsection (c) provided by the landlord, and the court determines that the defect was unintentional and immaterial, the court may allow the landlord to cure the defect without dismissing the action for summary possession.
(i) No landlord may bring an action for summary possession for a tenant's failure to pay rent except pursuant to this section and as follows:
For purposes of this subsection, "final eviction moratorium" means an emergency proclamation or supplementary proclamation, or any extension thereof, issued by the governor and relating to wildfires, that prohibits any eviction from a residential dwelling for a failure to pay rent, and either is not intended to be renewed by the governor or, if renewed or extended, is not intended to include any prohibition related to evictions from a residential dwelling unit for failure to pay rent; provided that nothing in this section shall prevent the governor from either renewing or issuing a new emergency proclamation that contains a prohibition against eviction from a residential dwelling for failure to pay rent if that intention should change.
(j) Each tenant and landlord shall be responsible for bearing the party's own costs, including attorney's fees, relating to the mediation.
(k) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action. [L 2024, c 202, §2]