Business Assistant/Business Assistant.iso/legal/guide7-1/guide7-1.exe/LHARC1.EXE/LANDT2.STB

Text File | 1991-06-27 | 15.0 KB | 352 lines

/* 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. */