/* We continue with the Landlord tenant act */

liability of the landlord arising under law or to indemnify the

landlord for that liability or the costs connected therewith.

/* Many landlords put clauses in their leases that limit the

tenant's rights to go after the landlord. These are likely to be

found even though the landlord knows that they are not

enforceable because people use old forms, or try to bluff their

way into convincing the tenant that a clause that says the

landlord doesn't have to fix anything or do anything other than

collect rent is lawful. */

(b) A provision prohibited by subsection (a) included in an

agreement is unenforceable. If a landlord deliberately uses a

rental agreement containing provisions known by him to be

prohibited, the tenant may recover in addition to actual damages

an amount up to [3] month's periodic rent and reasonable

attorney's fees.

Section 2.101. Security Deposits; Prepaid Rent

(a) A landlord may not demand or receive security, however

denominated, in an amount or value in excess of _____ month[s]

periodic rent.

/* The model code suggests ONE month. This will probably become a

de facto standard for all states*/

(b) Upon termination of the tenancy property or money held

by the landlord as security may be applied to the payment of the

accrued rent and the amount of damages which the landlord has

suffered by reason of the tenant's noncompliance with Section

3.101 all as itemized with the amount due [14] days after

termination of the tenancy and delivery of possession and demand

by the tenant.

(c) If the landlord fails to comply with subsection (b) or

if he fails to return any prepaid rent required to be paid to the

tenants under this Act the tenant may recover the property and

money due him together with damages in an amount equal to [twice]

the amount wrongfully withheld and reasonable attorney's fees.

(d) This section does not preclude the landlord or tenant

from recovering other damages to which he may be entitled under

this Act.

(e) The holder of the landlord's interest in the premises at

the time of the termination of the tenancy is bound by this

section.

/* Thus, if the property is sold or foreclosed, the party who

buys it gets to return the deposit. The same is true on a change

of managers. */

2.102 Disclosure

(a) A landlord or any person authorized to enter into a

rental agreement on his behalf shall disclose to the tenant in

writing at or before the commencement of the tenancy the name and

address of

(1) the person authorized to manage the premises; and

(2) an owner of the premises or a person authorized to act

for on or behalf of the owner for the purpose of the service of

process and receiving and receipting for notices and demands.

(b) The information required to be furnished by this section

shall be kept current and this section extends to and is

enforceable against any successor landlord, owner or manager.

(c) A person who fails to comply with subsection (a) becomes

an agent of each person who is a landlord for:

(1) service of process and receiving and receipting for

notice and demands; and

(2) performing the obligations of the landlord under this

Act and under the rental agreement and expending or making

available for the purpose all rent collected from the premises.

Section 2.103 Landlord to Deliver Possession of Dwelling Unit

At the commencement of the term a landlord shall deliver

possession of the premises to the tenant in compliance with the

rental agreement and Section 2.104. The landlord may bring an

action for possession against any person wrongfully in possession

and may recover the damages provided in Section 4.301(c).

Section 2.104 Landlord to Maintain Premises

(a) A landlord shall:

(1) comply with the requirements of applicable

building and housing codes materially affecting health and

safety;

(2) make all repairs and do whatever is necessary to

put and keep the premises in a fit and habitable condition;

(3) keep all common areas of the premises in a clean

and safe condition;

/* The term "safe" does not speak to safe from criminals. What

the Courts have interpreted this to refer to is physical defects

in the premises such as broken sidewalks. */

(4) maintain in good and safe working condition all

electrical, plumbing, sanitary, heating, ventilating, air-

conditioning, and other facilities and appliances, including

elevators, supplied or required to be supplied by him;

(5) provide and maintain appropriate receptacles and

conveniences for the removal of ashes, garbage, rubbish, and

other waste incidental to the occupancy of the dwelling unit and

arrange for their removal; and

(6) supply running water and reasonable amounts of hot

water at all times and reasonable heat [between October 1 and May

1] except where the building that includes the dwelling unit is

not required by law to be equipped for that purpose, or the

dwelling unit is so constructed that heat and hot water is

generated by an installation within the exclusive control of the

tenant and supplied by a direct public utility connection.

(b) If the duty imposed by paragraph (1) of subsection (a)

is greater than any duty imposed by any other paragraph of that

subsection, the landlord's duty shall be determined by reference

to paragraph (1) of subsection (a).

(c) The landlord and tenant of a single family residence may

agree in writing that the tenant perform the landlord's duties

specified in paragraphs (5) and (6) and also specified repairs,

maintenance tasks, alterations, and remodeling, but only if the

transaction is entered into in good faith and not for the purpose

of evading the obligations of the landlord.

(d) The landlord and tenant of any dwelling unit other than

a single family residence may agree that the tenant is to perform

specified repairs, maintenance, or remodeling only if

(1) the agreement is entered into in good faith and not

for the purpose of evading the obligations of the landlord and is

set forth in a separate writing signed by the parties and

supported by adequate consideration;

(2) the work is not necessary to cure noncompliance

with subsection (a)(1) of this section; and

(3) the agreement does not diminish or affect the

obligation of the landlord to other tenants in the premises.

(e) The landlord may not treat performance of the separate

agreement described in subsection (d) as a condition to any

obligation or performance of any rental agreement.

Section 2.105 Limitation of liability

(a) Unless otherwise agreed, a landlord who conveys premises

that include a dwelling until subject to a rental agreement in a

good faith sale to a bona fide purchaser is relieved of a

liability under the rental agreement and this Act as to events

occurring after written notice to the tenant of the conveyance.

However, he remains liable to the tenant for all security

recoverable by the tenant under Section 2.101 and all prepaid

rent.

(b) Unless otherwise agreed, a manager of premises that

include a dwelling unit is relieved of liability under the rental

agreement and this Act as to events occurring after written

notice to the tenant of the termination of his management.

Section 3.101 Tenant to Maintain Dwelling Unit

A tenant shall:

(1) comply with all obligations primarily imposed upon

tenants by applicable provisions of building and housing codes

materially affecting health and safety;

(2) keep that part of the premises that he occupies and

uses as clean and safe as the condition of the premises permit;

(3) dispose from his dwelling unit all ashes, garbage,

rubbish, and other waste in a clean and safe manner;

(4) keep all plumbing fixtures in the dwelling unit

used by the tenant as clear as their condition permits;

(5) use in a reasonable manner all electrical,

plumbing, sanitary, heating, ventilating, air-conditioning, and

other facilities and appliances including elevators in the

premises;

(6) not deliberately or negligently destroy, deface,

impair, or remove any part of the premises or knowingly permit

any person to do so; and

(7) conduct himself and require other persons on the

premises with his consent to conduct themselves in a manner that

will not disturb his neighbor's peaceful enjoyment of the

premises.

/* This section above is the one that gives landlords the right

to dispossess those playing extraordinarily loud music.*/

Section 3.102 Rules and Regulations

(a) A landlord from time to time, may adopt a rule or

regulation, however described, concerning the tenant's use and

occupancy of the premises. It is enforceable against the tenant

only if

(1) its purpose is to promote the convenience, safety,

or welfare of the tenants in the premises, preserve the

landlord's property from abusive use, or make a fair distribution

of services and facilities held out for the tenant's generally;

/* Landlords rules on the access to the laundry facilities,

pools, tennis courts or other amenities fall under this

section.*/

(2) it is reasonably related to the purpose of which it

is adopted;

(3) it applies to all tenants in the premises in a fair

manner;

(4) it is sufficiently explicit in its prohibitions,

direction, or limitation of the tenant's conduct to fairly inform

him of what he must or must not do to comply;

(5) it is not for the purpose of evading the

obligations of the landlord; and

(6) the tenant has notice of it at the time he enters

into the rental agreement, or when it is adopted.

/* Thus the landlord must give a set of the rules to the tenant

when entering into the lease. */

(b) If a rule or regulation is adopted after the tenant

enters into the rental agreement that works a substantial

modification of his bargain it is not valid unless the tenant

consents to it in writing.

Section 3.103 Access

(a) A tenant shall not unreasonably withhold consent to the

landlord to enter into the dwelling unit in order inspect the

premises, make necessary or agreed repairs, decorations,

alterations, or improvements, supply necessary or agreed

services, or exhibit the dwelling unit to actual or prospective

purchasers, mortgagees, tenants, workmen, or contractors.

(b) A landlord may enter into the dwelling unit without

consent of the tenant in case of emergency.

(c) A landlord shall not abuse the right of access or use it

to harass the tenant. Except in the case of an emergency or

unless it is impracticable to do so, the landlord shall give the

tenant at least [two] days notice of his intent to enter and may

enter only at reasonable times.

/* This is a very important right for the tenant and limitation

on the right of the landlord. */

Section 3.104 Tenant to Use and Occupy

Unless otherwise agreed, a tenant shall comply his dwelling

unit only as a dwelling unit. The rental agreement may require

that the tenant notify the landlord of any anticipated extended

absence from the premises [in excess of 7 days] no later than the

first day of the extended absence.

Section 4.101- Noncompliance by the landlord.

(a) Except as provided in this Act, if there is a material

non-compliance by the landlord with the rental agreement or a

noncompliance with Section 2.104 materially affecting health and

safety, the tenant may deliver a written notice to the landlord

specifying the acts and omissions constituting the breach and

that the rental agreement will terminate upon a date not less

than 30 days after receipt of the notice if the breach is not

remedied in 14 days, and the rental agreement shall terminate as

provided in the notice subject to the following:

(2) If the breach is remedied by repairs, the payment of

damages or otherwise and the landlord adequately remedies the

breach before the date specified in the notice, and the rental

agreement shall not terminate because of the breach.

(3) The tenant may not terminate for a condition caused by

the deliberate or negligent act or omission of the tenant, a

member of his family, or other person on the premises with his

consent.

(b) Except as provided in this Act, the tenant may recover

actual damages and obtain injunctive relief for any noncompliance

by the landlord with the rental agreement or Section 2.104. If

the landlord's noncompliance is willful the tenant may recover

reasonable attorney's fees.

(c) The remedy provided in subsection (b) is in addition to

any right of the tenant arising under Section 4.101(a).

(d) If the rental agreement is terminated, the landlord shall

return all security recoverable by the tenant under Section 2.101

and all prepaid rent.

Section 4.102 Failure to Deliver Possession

(a) If the landlord fails to deliver possession of the

dwelling unit to the tenant as provided in Section 2.103, rent

abates until possession is delivered and the tenant may

(1) terminate the rental agreement upon at least 5 days

written notice to the landlord and termination the landlord shall

return all prepaid rent and security; or

(2) demand performance of the rental agreement by the

landlord and, if the tenant elects, maintain an action for

possession of the dwelling unit against the landlord or any

person wrongfully in possession and recover the actual damages

sustained by him.

(b) If a person's failure to deliver possession is willful

and not in good faith, an aggrieved person may recover from that

person an amount not more than [3] months' periodic rent or

[threefold] the actual damages sustained, whichever is greater,

and reasonable attorney's fees.

Section 4.103 Self-Help For Minor Defects

(a) If the landlord fails to comply with the rental agreement

or Section 2.104, and the reasonable cost of compliance is less

than [$ 100], or an amount equal to [one-half] the periodic

rent whichever amount is greater, the tenant may recover damages

for the breach under Section 4.101(b) or may notify the landlord

of his intention to correct the condition at the landlord's

expense. If the landlord fails to comply within [14] days after

being notified by the tenant in writing or as promptly as

conditions require in case of emergency, the tenant may cause the

work to be done in a workmanlike manner and, after submitting to

the landlord an itemized statement, deduct from his rent the

actual and reasonable cost or the fair and reasonable value of

the work, not exceeding the amount specified in this subsection.

/* This statute is continued in Section 3, of the Uniform

Landlord Tenant Act. */