/* We continue with the final section of the Uniform Landlord

Tenant Act */

/* If the landlord fails to fix an item that the lease requires

him to do, or, if the landlord has agreed to fix the appliances,

etc. then the tenant after demanding (in writing) that it get

fixed can go ahead and bring in people fix it himself. Note that

under Section 5.101, the landlord can not evict the tenant for

doing so. */

(b) A tenant may not repair at the landlord's expense if the

condition was 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.

Section 4.104 Wrongful Failure to Supply Heat, Water, Hot Water,

or Essential Services

(a) If contrary to the rental agreement or Section 2.104 the

landlord willfully or negligently fails to supply heat, running

water, hot water, electric, gas or other essential service, the

tenant may give written notice to the landlord specifying the

breach and may

(1) procure reasonable amounts of heat, hot water,

running water, electric, gas, and other essential service during

the period of the landlords noncompliance and deduct their actual

and reasonable cost from the rent; or

(2) recover damages based upon the diminution in the

fair rental value of the dwelling unit; or

(3) procure reasonable substitute housing during the

period of the landlord's noncompliance, in which case the tenant

is excused from paying rent for the period of the landlord's

noncompliance.

(b) In addition to the remedy provided in paragraph (3) or

subsection (a) the tenant may recover the actual and reasonable

cost or fair or reasonable value of the substitute housing not in

excess of an amount equal to the periodic rent, and in any case

under subsection (a) reasonable attorney's fees.

(c) If the tenant proceeds under this section, he may not

proceed under Section 4.101 or Section 4.103 as to that breach.

(d) Rights of the tenant under this subsection do not arise

until he has given notice to the landlord or if the condition was

caused by the deliberate or negligent act or omission of the

tenant, a member of his family, or other persons on the premises

with his consent.

Section 4.105 Landlords Noncompliance as Defense to Action for

Possession or Rent

(a) In an action for possession based upon nonpayment of rent

or in an action for rent when the tenant is in possession, the

tenant may counterclaim for any amount he may recover under the

rental agreement or this Act. In that event the court from time

to time may order the tenant to pay into court all or part of the

rent accrued and thereafter accruing, and shall determine the

amount due to each party. The party to whom a net amount is owed

shall be paid first from the money paid into court, and the

balance by the other party. If no rent remains due after

application of this section, judgment shall be entered for the

tenant in the action for possession. If the defense or

counterclaim by the tenant is without merit and is not raised in

good faith, the landlord may recover reasonable attorney's fees.

(b) In an action for possession for rent when the tenant is

not in possession, he may counterclaim as provided in subsection

(a) but is not required to pay any rent into court.

Section 4.106 Fire or Casualty Damage

(a) If the dwelling unit or premises are damaged or destroyed

by fire or casualty to the extent that enjoyment of the dwelling

unit is substantially impaired, the tenant may

(1) immediately vacate the premises and notify the

landlord in writing within [14] days thereafter of his intention

to terminate the rental agreement, in which case the rental

agreement terminates as of the date of vacating; or

(2) if continued occupancy is lawful, vacate any part of

the dwelling unit rendered unusable by the fire or casualty, in

which case the tenant's liability for rent is reduced in

proportion to the diminution in the fair rental value of the

dwelling unit.

(b) If the rental agreement is terminated the landlord shall

return all security recoverable under Section 2.101 and all

prepaid rent. Accounting for rent in the event of termination or

apportionment shall be made as of the date of the fire or

casualty.

Section 4.107 Tenant's Remedies for Landlord's Unlawful Ouster,

Exclusion or Diminution of Service

If a landlord unlawfully removes or excludes the tenant from

the premises or wrongfully diminishes services to the tenant by

interrupting or causing the interruption of heat, running water,

hot water, electric, gas, or other essential service, the tenant

may recover possession or terminate the rental agreement and, in

either case, recover an amount not more than [3] months' periodic

rent or [threefold] the actual damages sustained by him,

whichever is greater, and reasonable attorney's fees. If the

rental agreement is terminated the landlord shall return all

security recoverable under Section 2.101 and all prepaid rent.

Section 4.201 Noncompliance with Rental Agreement; Failure to Pay

Rent

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

noncompliance by the tenant with the rental agreement or a

noncompliance with Section 3.101 materially affecting health and

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

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, the rental agreement shall terminate as

provided in the notice subject to the following. If the breach is

remediable by repairs or the payment of damages or otherwise and

the tenant adequately remedies the breach before the date

specified in the notice, the rental agreement shall not

terminate. If substantially the same act or omission which

constituted a prior noncompliance of which notice was given

recurs within [6] months, the landlord may terminate the rental

agreement upon at least [14] days' written notice specifying the

breach and the date of termination of the rental agreement.

/* Many states have a three day rather than 14 day period. */

(b) If the rent is unpaid when due and the tenant fails to

pay rent within [14] days after written notice by the landlord of

nonpayment and his intention to terminate the rental agreement if

the rent is not paid within that period, the landlord may

terminate the rental agreement.

(c) Except as provided in this Act, the landlord may recover

actual damages and obtain injunctive relief for any noncompliance

by the tenant with the rental agreement or Section 3.101. If the

tenant's noncompliance is willful the landlord may recover

reasonable attorney's fees.

Section 4.202 Failure to Maintain

If there is noncompliance by the tenant with Section 3.101

materially affecting health and safety that can be remedied by

repair, replacement of a damaged item, or cleaning, and the

tenant fails to comply as promptly as conditions require in case

of emergency or within [14] days after written notice by the

landlord specifying the breach and requesting that the tenant

remedy it within that period of time, the landlord may enter the

dwelling unit and cause the work to be done in a workmanlike

manner and submit the itemized bill for the actual and reasonable

cost or the fair and reasonable value thereof as rent on the

next date periodic rent is due, or if the rental agreement has

terminated, for immediate payment.

Section 4.203 Remedies for Absence, Nonuse and Abandonment

(a) If the rental agreement requires the tenant to give

notice to the landlord of an anticipated absence [in excess of

{7} days] as required in Section 3.104 and the tenant willfully

fails to do so, the landlord may recover actual damages from the

tenant.

(b) During any absence of the tenant in excess of [7] days,

the landlord may enter the dwelling unit at times reasonably

necessary.

Section 4.204. [Waiver of Landlord's Right to Terminate]

Acceptance of rent with knowledge of a default by the

tenant or acceptance of performance by him that varies from the

terms of the rental agreement constitutes a waiver of the

landlord's right to terminate the rental agreement for that

breach, unless otherwise agreed after the breach has occurred.

/* This is a waiver section. If the landlord accepts late rent,

tolerates other conditions that are violations of the lease, the

tenant's lease is reinstated. */

Section 4.205. [Landlord Liens; Distress for Rent]

(a) A lien or security interest on behalf of the landlord

in the tenant's household goods is not enforceable unless

perfected before the effective date of this Act.

(b) Distraint for rent is abolished.

Section 4.206. [Remedy after Termination]

If the rental agreement is terminated, the landlord has a

claim for possession and for rent and a separate claim for actual

damages for breach of the rental agreement and reasonable

attorney's fees as provided in Section 4.201(c).

Section 4.207. [Recovery of Possession Limited]

A landlord may not recover or take possession of the

dwelling unit by action or otherwise, including willful

diminution of services to the tenant by interrupting or causing

the interruption of heat, running water, hot water, electric,

gas, or other essential service to the tenant, except in case of

abandonment, surrender, or as permitted in this Act.

Part III

Periodic Tenancy; Holdover; Abuse of Access

Section 4.301. [Periodic Tenancy; Holdover Remedies]

(a) The landlord or the tenant may terminate a week-to-week

tenancy by a written notice given to the other at least [10] days

before the termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-

month tenancy by a written notice given to the other at least

[60] days before the periodic rental date specified in the

notice.

(c) If the tenant remains in possession without the

landlord's consent after expiration of the term of the rental

agreement or its termination, the landlord may bring an action

for possession and if the tenant's holdover is willful and not in

good faith the landlord may also recover an amount not more than

[3] month's periodic rent or [threefold] the actual damages

sustained by him, whichever is greater, and reasonable attorney's

fees. If the landlord consents to the tenant's continued

occupancy, Section 1.401(d) applies.

Section 4.302. [Landlord and Tenant Remedies for Abuse of

Access]

(a) If the tenant refuses to allow lawful access, the

landlord may obtain injunctive relief to compel access, or

terminate the rental agreement. In either case the landlord may

recover actual damages and reasonable attorney's fees.

(b) If the landlord makes an unlawful entry or a lawful entry

in an unreasonable manner or makes repeated demands for entry

otherwise lawful but have the effect of unreasonably harassing

the tenant, the tenant may obtain injunctive relief to prevent

the recurrence of the conduct or terminate the rental agreement.

In either case the tenant may recover actual damages [not less

than an amount equal to [1] month's rent] and reasonable

attorney's fees.

Section 5.101 Retaliatory Conduct Prohibited

(a) Except as provided in this section, a landlord may not

retaliate by increasing rent or decreasing services or by

bringing an action for possession after:

/* This section prohibits a landlord from victimizing a tenant

for complaining properly about repairs that are not done, or for

going ahead and fixing something himself. */

(1) the tenant has complained to a governmental agency

charged with responsibility for enforcement of a building or

housing code of a violation applicable to the premises materially

affecting health and safety; or

(2) the tenant has complained to the landlord of a violation

under Section 2.104; or

(3) the tenant has organized or become a member of a tenant's

union or similar organization.

(b) If the landlord acts in violation of subsection (a), the

tenant is entitled to the remedies provided in Section 4.107 and

has a defense in any retaliatory action against him for

possession. In an action by or against the tenant, evidence of a

complaint within [1] year before the alleged act of retaliation

creates a presumption that the landlord's conduct was in

retaliation. The presumption does not arise if the tenant made

the complaint after notice of a proposed rent increase or

diminution of services. Presumption means that the trier of fact

must find the existence of the fact presumed unless and until

evidence is introduced which would support a finding of its

nonexistence.

(c) Notwithstanding subsection (a) and (b), a landlord may

bring an action for possession if:

(1) the violation of the applicable building or housing

code was caused primarily by lack of reasonable care by the

tenant, a member of his family, or other person on the premises

with his consent; or

(2) the tenant is in default in rent; or

(3) compliance with the applicable building or housing

code requires alternation, remodeling, or demolition which would

effectively deprive the tenant of use of the dwelling unit.

(d) The maintenance of an action under subsection (c) does

not release the landlord from liability under Section 4.101(b).

/* Section 6 is omitted and states that leases entered into prior

to the act will be valid until their expiration. */