The Lazy Mentor's Reference Journal
If you're not embarrassed by your offer, then you offered too much.

 

Uniform Residential Landlord & Tenant Act

 

What is a Rental Lease Worth? $9.95 at Socrates

Homes for Half Price from RealtyStore.com

 

 

Trump means Real Estate

Say

Uniform Residential Landlord & Tenant Act
Full text with annotations

This Act has been adopted in the following states, although in many
cases with amendments: Alaska, Arizona, Florida, Hawaii, Iowa, Kansas,
Kentucky, Montana, Nebraska, New Mexico, Oregon, Rhode Island, South
Carolina, Tennessee, Virginia

As usual, each state has "improved" on the basic model. This law
represents the "progressive" latest legal views on what a landlord
tenant relationship should be. It is likely to be adopted by many more
states in the future.
-----------

Section 1.101 Short Title

This Act shall be known and may be cited as the "Uniform Residential
Landlord and Tenant Act."

Section 1.102 Purposes; Rules of Construction

(a) This Act shall be liberally construed and applied to promote its
underlying purposes and policies.

(b) Underlying purposes and policies of this Act are

     (1) to simplify, clarify, modernize, and revise the law governing
the rental of dwelling units and the rights and obligations of landlords
and tenants;

     (2) to encourage landlords and tenants to maintain and improve the
quality of housing; and

     (3) to make uniform the law with respect to the subject of this Act
among those states which enact it.

Section 1.103 Supplementary Principles of Law Applicable

     Unless displaced by the provisions of this Act, the principles of
law and equity, including the law relating to capacity to contract,
mutuality of obligations, principal and agent, real property, public
health, safety and fire prevention, estoppel, fraud, misrepresentation,
duress coercion, mistake, bankruptcy, or other validating or
invalidating clause supplement its provisions.

Section 1.104 Construction against Implicit Repeal

     This Act being a general act intended as unified coverage of its
subject matter, no part of it is to be construed as impliedly repealed
by subsequent legislation if that construction can reasonably be
avoided.

Section 1.105 Administration

     (a) The remedies provided by this Act shall be so administered that
an aggrieved party may recover appropriate damages. The aggrieved party
has a duty to mitigate damages.

/* That is a fascinating section. Mitigation of damages are steps taken
to lessen losses. At common law, a landlord is not required to mitigate
damages. In fact at common law, if a tenant leaves, the landlord is
allowed to simply leave the premises vacant and bill the tenant for
rent. Maybe not any more....

Section 1.106 Settlement of disputed Claim or Right

     A claim or right arising under this Act or on a rental agreement,
if disputed in good faith, may be settled by agreement.

Section 1.201 Territorial application

     This Act applies to and regulates, and determines rights,
obligations, and remedies under a rental agreement, wherever made, for a
dwelling unit within this state.

Section 1.202 Exclusions for Application of Act

     Unless created to avoid the application of this Act, the following
arrangements are not governed by this Act:

     (11) residence at an institution, public or private, if incidental
to detention or the provision of medical, geriatric, educational,
counseling, religious or similar service;

     (2) occupancy under a contract of sale of a dwelling unit or the
property of which it is a part, if the occupant is the purchaser or a
person who succeeds to his interest;

     (3) occupancy by a member of a fraternal or social organization in
the portion of a structure operated for the benefit of the organization;

     (4) transient occupancy in a hotel, or motel or lodgings subject to
cite state transient lodgings or room occupancy sales tax act;

     (5) occupancy by an employee of a landlord whose right to occupancy
is conditional upon employment in and about the premises;

     (6) occupancy by an owner of a condominium unit or a holder of a
proprietary lease in a cooperative;

     (7) occupancy under a rental agreement covering premises used by
the occupant primarily for agricultural purposes.

1.203 Jurisdiction and Service of Process

     (a) The _____ court of this state may exercise jurisdiction over
any landlord with respect to any conduct in this state governed by this
Act or with respect to any claim arising from a transaction subject to
this Act. In addition to any other method provided by rule or by
statute, personal jurisdiction over a landlord may be acquired in a
civil action or proceeding instituted in the court by the service of
process in the manner provided by this section.

     (b) If a landlord is not a resident of this state or is a
corporation not authorized to do business in this state and engaged in
any conduct in this state governed by this Act, or engages in a
transaction subject to this Act, he may designate an agent upon whom
service of process may be made in this state. The agent shall be a
resident of this state or a corporation authorized to do business in
this state. This designation shall be in writing and filed with
________. If no designation is made and filed or if process cannot be
served in this state upon the designated agent, process may be served
upon the _______, but service upon him is not effective unless the
plaintiff or petitioner forthwith mails a copy of the process and
pleading by registered or certified mail to the defendant or respondent
at his last reasonably ascertainable address. An affidavit of compliance
with this section shall be filed with the clerk of the court on or
before the return day of the process if any, or within any further time
as the court allows.

Section 1.301 General Definitions

Subject to additional definitions contained in subsequent Articles of
this Act which apply to specific Articles or Parts thereof, and unless
the context otherwise requires, in this Act

     (1) "action" includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined,
including an action for possession;

     (2) "building and housing codes" includes any law, ordinance, or
governmental regulation concerning fitness for habitation, or the
construction, maintenance, operation, occupancy, use, or appearance of
any premises, or dwelling unit;

     (3) "dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person who
maintains a household, or by 2 or more persons who maintain a common
household;

     (4) "good faith" means honesty in fact in the conduct of the
transaction concerned;

     (5) "landlord" means the owner, lessor, or sublessor of the
dwelling unit or the building of which it is a part, and it also means a
manager of the premises who fails to disclose as required by Section
2.102;

/* Review this section for an interesting idea. Often Joe Jones Ltd. an
off-shore partnership actually owns an apartment complex or hoe, but
"Gold star Management" runs the show. The Management Company looks like
the landlord (even the rent is made out to it) and acts like it, but
isn't. This act places an obligation of disclosure on the management
company to disclose that fact.

    (6) "organization" includes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association, 2 or more persons having a joint or common interest, and
any other legal or commercial entity;

/* As drafted this means that this code also applies to government
funded housing.*/

    (7) "owner" means one or more persons, jointly or severally, in whom
is vested (i) all or part of the legal title to property or (ii) all or
part of the beneficial ownership and a right to present use and
enjoyment of the premises. The term also includes a mortgagee in
possession;

/* A "mortgagee in possession" refers to an organization who holds a
lien on the property, like a bank, that under the mortgage takes over
the property pending foreclosure.

    (8) "person" includes an individual or organization;

    (9) "premises" means a dwelling unit and the structure of which it
is a part and facilities and appurtenances therein and grounds, areas,
and facilities held out for the use of tenant generally or whose use is
promised to the tenant;

    (10) "rent means all payments to be made to the landlord under the
rental agreement;

    (11) "rental agreement" means all agreements, written or oral, and
valid rules and regulations adopted under Section 3.102 embodying the
terms and conditions concerning the use and occupancy of a dwelling unit
and premises;

    (12) "roomer" means a person occupying a dwelling unit that does not
include a toilet and either a bath tub or shower and a refrigerator,
stove, and kitchen sink, all provided by the landlord, and where one or
more of these facilities are used in common by occupants in the
structure;

    (13) "single family residence" means a structure maintained and used
as a single family dwelling. Notwithstanding that a dwelling unit shares
one or more walls with another dwelling unit, it is a single family
residence if it has direct access to a street or thoroughfare and shares
neither heating facilities, hot water equipment, nor any other essential
facility or service with any other dwelling unit;

    (14) "renter" means a person entitled under a rental agreement to
occupy dwelling unit to the exclusion of others.

Section 1.302 Obligation of Good Faith

    Every duty under this Act and every act which must be performed as a
condition precedent to the exercise of a right or remedy under this Act
imposes an obligation of good faith in its performance or enforcement.

Section 1.303 Unconscionability

    (a) If the court, as a matter of law, finds
         (1) a rental agreement or any provision thereof was
unconscionable when made, the court may refuse to enforce the agreement,
enforce the remainder of the agreement without the unconscionable
provision, or limit the application of any unconscionable provision to
avoid an unconscionable result; or
         (2) a settlement in which a part waives or agrees to forego a
claim or right under this Act or under a rental agreement was
unconscionable when made, the court may refuse to enforce the
settlement, enforce the remainder of the settlement without the
unconscionable provision, or limit the application of any unconscionable
provision to avoid an unconscionable result.

    (b) If unconscionability is put into issue by a party or by the
court upon its own motion the parties shall be afforded a reasonable
opportunity to present evidence as to the setting, purpose, and effect
of the rental agreement or settlement to aid the court in making the
determination.

Section 1.304 NOTICE

    (a) A person has notice of a fact if
         (1) he has actual knowledge of it,
         (2) he has received a notice or notification of it, or
         (3) from all the facts and circumstances known to him at the
time in question he has reason to know that it exists.  A person "knows"
or "has knowledge" of a fact if he has actual knowledge of it.

    (b) A person notifies or gives a notice or notification to another
person by taking steps reasonably calculated to inform the other in
ordinary course whether or not the other actually comes to know if it. A
person "receives" a notice or notification when
         (1) it comes to his attention;
         (2) in the case of the landlord, it is delivered at the place
of business of the landlord through which the rental agreement was made
or at any place held out by him as the place for receipt of
communication; or
         (3) in the case of the tenant, it is delivered in hand to the
tenant or mailed by registered or certified mail to him at the place
held out by him as the place for receipt of the communication, or in the
absence of such designation, to his last known place of residence.

    (c) "Notice," knowledge of a notice or notification received by an
organization is effective for a particular transaction from the time it
is brought to the attention of the individual conducting that
transaction, and in any event from the time it would have been brought
to his attention if the organization had exercised reasonable diligence.

Section 1.401 Terms and Conditions of Rental Agreement

    (a) A landlord and tenant may include in a rental agreement terms
and conditions not prohibited by this Act or other rule of law,
including rent, term of the agreement, and other provisions governing
the rights and obligations of the parties.

    (b) In absence of agreement, the tenant shall pay as rent the fair
rental value for the use and occupancy of the dwelling unit.

    (c) Rent is payable without demand or notice at the time and place
agreed upon by the parties. Unless otherwise agreed, rent is payable at
the dwelling unit and periodic rent is payable at  the beginning of any
term of one month or less and otherwise in equal month installments at
the beginning of each month. Unless otherwise agreed, rent is uniformly
apportionable from day to day.

    (d) Unless the rental agreement fixes a definite term, the tenancy
is week to week in case of a roomer who pays weekly rent, and in all
other cases month to month.

Section 1.402 Effect of Unsigned or Undelivered Rental Agreement

    (a) If the landlord does not sign and deliver a written rental
agreement signed and delivered to him by the tenant, acceptance of rent
without reservation by the landlord gives the rental agreement the same
effect as if it had been signed and delivered by the landlord.

/* The point here is that if the landlord or tenant "forgets" to sign
the lease that they are nevertheless bound.

    (b) If the tenant does not sign and deliver a written rental
agreement signed and delivered to him by the landlord, acceptance of
possession and payment of rent without reservation gives the rental
agreement the same effect as if it had been signed and delivered by the
tenant.

    (c) If a rental agreement given effect by the operation of this
section provides for a term longer than one year, it is effective for
only one year.

Section 1.403 Prohibited Provisions in Rental Agreements

    (a) A rental agreement may not provide that the tenant:
         (1) agrees to waive or forego rights or remedies under this
Act;
         (2) authorizes any person to confess a judgment on a claim
arising out of the rental agreement;
         (3) agree to pay the landlord's attorney's fees; or
         (4) agrees to the exculpation or limitation of any 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.

/* 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.

-----

Copyright 2006 The Lazy Mentor

landlord tenant Make money working from home real estate penny stocks get rich quick rich dad poor dad rich jerk marketing online sheets mentor advice credit cards easy money cash cow

  
copyright  LazyMentor.com     Photos, artwork, and illustrations are displayed for educational purposes only.