Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/tut/landt3.stb

Text File | 1993-08-01 | 14KB | 302 lines

/* 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