RESIDENTIAL
LANDLORD-TENANT CODE
PART I. GENERAL PROVISIONS AND DEFINITIONS
CHAPTER 521
Part I. General Provisions and Definitions
Short title.
This chapter shall be known and may be cited as the Residential
Landlord-Tenant Code.
Purposes; rules of construction.
(a) This chapter shall be liberally construed and applied to
promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter 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 of dwelling units;
(2) To encourage landlords and tenants to maintain and
improve the quality of housing in this State; and
(3) To revise the law of residential landlord and tenant by
changing the relationship from one based on the law of
conveyance to a relationship that is primarily contractual in
nature.
Supplementary general principles of law, other laws,
applicable.
(a) Unless displaced by the particular provisions of this
chapter, the principles of law and equity, including the law
relative to capacity to contract, principal and agent, real
property, public health, safety and fire prevention, estoppel,
fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or
other validating or invalidating cause supplement its provisions.
(b) Every legal right, remedy, and obligation arising out of
a rental agreement not provided for in this chapter shall be
regulated and determined under chapter 666, and in the case of
conflict between any provision of this chapter and a provision of
chapter 666, this chapter shall control.
(c) Nothing in this chapter shall be applied to interfere
with any right, obligation, duty, requirement, or remedy of a
landlord or tenant which is established as a condition or
requirement of any program receiving subsidy from the government of
the United States. To the extent that any provision of this chapter
is inconsistent with such a federal condition or requirement then as
to such subsidized project the
federal condition or requirement shall control. Chap. 521, §521-3
Construction against implicit repeal.
This chapter being a general law intended as a unified coverage
of its subject matter, no part of it shall be deemed to be impliedly
repealed by subsequent legislation if such construction can
reasonably be avoided. Chap. 521, §521-4
Severability.
If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable. Chap. 521, §521-5
Territorial application.
This chapter applies to rights, remedies, and obligations of the
parties to any residential rental agreement wherever made of a
dwelling unit within this State. Chap. 521, §521-6
Exclusions from application of chapter. Unless created solely
to avoid the application of this chapter, this chapter shall not
apply to:
(1) Residence at an institution, whether public or
private, where residence is merely incidental to detention or
the provision of medical, geriatric, educational, religious, or
similar services;
(2) Residence in a structure directly controlled and
managed by the University of Hawaii for housing students or faculty
of the University of Hawaii or residence in a structure erected on
land leased from the University of Hawaii by a nonprofit corporation
for the exclusive purpose of housing students or faculty of the
University of Hawaii;
(3) Occupancy under a bona fide contract of sale of the
dwelling unit or the property of which it is a part where the tenant
is, or succeeds to the interest of, the purchaser;
(4) Residence by a member of a fraternal organization in a
structure operated without profit for the benefit of the
organization;
(5) Transient occupancy on a day-to-day basis in a hotel or
motel;
(6) Occupancy by an employee of the owner or landlord whose
right to occupancy is conditional upon such employment or by a
pensioner of the owner or landlord or occupancy for a period of up
to four years subsequent thereto, pursuant to a plan for the
transfer of the dwelling unit or the property of which it is a part
to the occupant;
(7) A lease of improved residential land for a term of
fifteen years or more, measured from the date of the commencement of
the lease;
(8) Occupancy by the prospective purchaser after an accepted
offer to purchase and prior to the actual transfer of the owner's
rights;
(9) Occupancy in a homeless facility, or any other program
for the homeless authorized under chapter 201G, part IV;
(10) Residence or occupancy in a public housing complex or
shelter directly controlled, owned, or managed by the housing and
community development corporation of Hawaii; or
(11) Residence or occupancy in a transitional facility for
abused family or household members. Chap. 521, §521-7
Definitions.
As used in this chapter, unless the context clearly requires
otherwise:
"Action" with reference to a
judicial proceeding includes recoupment,counterclaim, setoff, and
any other proceedings in which rights are determined, including an
action for possession.
"Apartment building" means a
structure containing one or more dwelling
units, except:
(1) A single-family residence, or
(2) A structure in which all tenants are roomers or boarders.
"Dwelling unit" means a structure,
or part of a structure, which is used as a home, residence, or
sleeping place by one person or by two or more persons maintaining a
common household, to the exclusion of all others.
"Landlord" means the owner, lessor,
sublessor, assigns or successors in interest of the dwelling unit or
the building of which it is a part and in addition means any agent
of the landlord.
"Normal wear and tear" means
deterioration or depreciation in value by ordinary and reasonable
use but does not include items that are missing from the dwelling
unit.
"Owner" means one or more persons,
jointly or severally, in whom is vested:
(1) All or any part of the legal title to property; or
(2) All or any part of the beneficial ownership and a right
to present use and enjoyment of the property; and includes a
mortgagee in possession.
"Person" includes an individual,
corporation, government or governmental agency, business trust,
estate, trust, partnership or association, two or more persons
having a joint or common interest, or any other legal or commercial
entity.
"Premises" means a dwelling unit,
appurtenances thereto, grounds, and facilities held out for the use
of tenants generally and any other area or facility whose use is
promised to the tenant.
"Rental agreement" means all
agreements, written or oral, which establish or modify the terms,
conditions, rules, regulations, or any other provisions concerning
the use and occupancy of a dwelling unit and premises.
"Roomer" or "boarder"
means a tenant occupying a dwelling unit:
(1) Which lacks at least one major bathroom or kitchen facility,
such as a toilet, refrigerator, or stove,
(2) In a building where one or more such major facilities are
supplied to be used in common by the occupants of the tenant's
dwelling unit and by the occupants of one or more other dwelling
units, and
(3) In a building in which the landlord resides.
"Single family residence" means a
structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with
another dwelling unit, it shall be deemed a single family residence
if it has direct access to a street or thoroughfare and does not
share hot water equipment or any other essential facility or service
with any other dwelling unit.
"Tenant" means any person who
occupies a dwelling unit for dwelling purposes under a rental
agreement. Chap. 521, §521-8
Notice, notification, knowledge, etc.
(a) A person has notice of a fact when:
(1) The person has actual knowledge of it; or
(2) The person has received a notice or notification of it;
or
(3) From all the facts and circumstances known to the person
at the time in question the person has reason to know of it.
(b) A person knows or has knowledge of a fact when the person
has actual knowledge of it. The terms "discover" or
"learn" or terms of similar import refer to knowledge
rather than reason to know. The time and circumstances under which a
notice or notification ceases to be effective are not determined by
this chapter.
(c) A person notifies or gives a notice or notification to
another by taking such steps as may be reasonably required to inform
the other in ordinary course whether or not the other actually comes
to know of it. A person receives a notice or notification when:
(1) It comes to the person's attention; or
(2) It is delivered at the place of business through which
the rental agreement was made or at any place held out as the place
for receipt of such communications.
(d) Notice, knowledge, or a notice or notification received by a
person other than an individual is effective for a particular
transaction from the time it is brought to the attention of the
individual conducting that transaction or from the time it should
have been brought to the individual's attention, whichever time is
earlier. Chap. 521, §521-9
Duties; obligation of good faith.
Every duty imposed by this chapter and every act which must be
performed as a condition precedent to the exercise of a right or
remedy under this chapter imposes an obligation of good faith in its
performance or enforcement. Chap. 521, §521-10
Time; reasonable time.
(a) Whenever this chapter requires any action to be taken within
a reasonable time, any time which is not manifestly unreasonable may
be fixed by agreement.
(b) What is a reasonable time for taking any action depends
on the nature, purpose, and circumstances of the action. Chap. 521,
§521-11 PART II. RENTRent.
(a) The landlord and tenant may agree to any consideration, not
otherwise prohibited by law, as rent. In the absence of such
agreement, and subject to section 521-71(e) in the case of holdover
tenants, the tenant shall pay to the landlord the fair rental value
for the dwelling unit.
(b) Rents shall be payable at the time and place agreed to by
the parties. Unless otherwise agreed, the entire rent shall be
payable at the beginning of any term for one month or less, and for
longer terms in equal monthly installments payable at the
beginning of each month. When a rental agreement with a public
assistance recipient requires that the rent be paid on or before the
third day after the day on which the public assistance check is
usually received, the tenant shall have the option of
establishing a new due date by making a one-time payment to
cover the period between the original due date and the newly
established date. The new date shall not exceed by more than three
days, excluding Saturdays, Sundays, and holidays, the date on which
checks are mailed. The one-time payment shall be established by
dividing the monthly rental by thirty and multiplying the result by
the number of days between the original and the new due dates.
(c) Except as otherwise provided in subsection (b), rent
shall be uniformly apportionable from day to day.
(d) When the tenancy is from month to month, the amount of
rent for such tenancy shall not be increased by the landlord without
written notice given forty-five consecutive days prior to the
effective date of the increase.
(e) When the tenancy is less than month to month, the amount
of rent for such tenancy shall not be increased by the landlord
without written notice given fifteen consecutive days prior to the
effective date of the increase. Chap. 521, §521-21
Term of rental agreement.
The landlord and tenant may agree in writing to any period as
the term of the rental agreement. In the absence of such agreement,
the tenancy shall be month to month or, in the case of boarders,
week to week. Chap. 521, §521-22 PART III.
LIMITATIONS ON RENTAL
AGREEMENTS AND PRACTICES
Waiver; agreement to forego rights; settlement of claims.
(a) Except as otherwise provided in this chapter, a tenant or
landlord may not waive or agree to forego rights or remedies under
this chapter.
(b) A claim by a tenant against a landlord for violation of
this chapter or a claim by a landlord against a tenant for default
or breach of duty imposed by this chapter, if disputed in good
faith, may be settled by agreement.
(c) A claim, whether or not disputed, against a tenant or
landlord may be settled for less value than the amount claimed.
(d) A settlement in which the tenant or landlord waives or
agrees to forego rights or benefits under this chapter is invalid if
the court, as a matter of law, finds the settlement to have been
unconscionable at the time it was made. The competence of the tenant
or landlord, any deception or coercion practiced against the tenant
or landlord, the nature and extent of the legal advice received by
the tenant or landlord, and the nature and value of the
consideration are relevant to the issue of unconscionability. Chap.
521, §521-31
Separation of rents and obligations to property forbidden.
Any agreement, conveyance, or trust instrument which authorizes
a person other than the beneficial owner to act as the landlord of a
dwelling unit shall operate, regardless of its terms, to authorize
and require such person to use rents to conform with this chapter
and any other law, code, ordinance, or regulation concerning the
maintenance and operation of the premises. Chap. 521, §521-32
Landlord's waiver of liability prohibited.
A provision in a rental agreement exempting or limiting the
landlord, or requiring the tenant to indemnify the landlord, from
liability for damages to persons or property caused by or
resulting from the acts or omissions of the landlord, the landlord's
agents, servants, or employees, in or about the dwelling unit
covered thereby or in or about the premises of which it is a part is
void. Chap. 521, §521-33
Authorization to confess judgment prohibited.
A tenant may not authorize any person to confess judgment on a
claim arising out of a rental agreement of any dwelling
unit. An authorization in violation of this section is void. Chap.
521, §521-34
Attorney's fees.
(a) A rental agreement may provide for the payment by the tenant
of the costs of a suit, for unpaid rent, and reasonable attorney's
fees not in excess of twenty-five per cent of the unpaid rent after
default and referral to an attorney not a salaried employee of the
landlord or the landlord's assignee.
(b) A rental agreement may further provide that reasonable
attorney's fees and costs may be awarded to the prevailing party in
all other matters arising under this chapter.
(c) A provision in violation of this section is
unenforceable. Chap. 521, §521-35
Effect of termination.
Except as otherwise provided in this chapter, whenever a
landlord or tenant exercises a right to terminate a rental
agreement, the obligations of each party to the rental agreement
shall cease upon the final discharge of all obligations imposed by
the rental agreement and by this chapter. Chap. 521,
§521-36
Subleases and assignments.
(a) Unless otherwise agreed to in a written rental agreement and
except as otherwise provided in this section, the tenant may sublet
the tenant's dwelling unit or assign the rental agreement to another
without the landlord's consent.
(b) Subsection (a) does not apply to a tenant of a dwelling
unit administered, owned, or subsidized by the United States, the
State, a county, or any agency thereof.
(c) A written rental agreement may provide that the tenant's
right to sublet the tenant's dwelling unit or assign the rental
agreement is subject to the consent of the landlord. Chap. 521, §521-37
Tenants subject to rental agreement; notice of conversions.
When a period of tenancy is pursuant to any rental agreement and
where a landlord contemplates conversion to condominium
property regime under chapter 514A, the landlord:
(1) Shall provide notice to the tenant at least one hundred
twenty days in advance of the termination of the rental agreement,
and
(2) Shall comply with the provisions relating to such
conversions provided in section 514A-105. Chap. 521, §521-38
PART IV. LANDLORD OBLIGATIONS
Landlord to supply possession of dwelling unit.
The landlord shall, at the beginning of the agreed term, deliver
possession of the dwelling unit to the tenant in the agreed
condition unless otherwise agreed prior to delivery of possession.
The landlord may bring an action for possession against any person
wrongfully in possession including a holdover tenant. Chap. 521, §521-41
Landlord to supply and maintain fit premises.
(a) The landlord shall at all times during the tenancy:
(1) Comply with all applicable building and housing laws
materially affecting health and safety;
(2) Keep common areas of a multi-dwelling unit premises in a
clean and safe condition;
(3) Make all repairs and arrangements necessary to put and
keep the premises in a habitable condition;
(4) Maintain all electrical, plumbing, and other facilities
and appliances supplied by the landlord in good working order and
condition, subject to reasonable wear and tear;
(5) Except in the case of a single family residence, provide
and maintain appropriate receptacles and conveniences for the
removal of normal amounts of rubbish and garbage, and arrange for
the frequent removal of such waste materials; and
(6) Except in the case of a single family residence, or where
the building is not required by law to be equipped for the purpose,
provide for the supplying of running water as reasonably required by
the tenant.
Prior to the initial date of initial
occupancy, the landlord shall inventory the premises and make a
written record detailing the condition of the premises and any
furnishings or appliances provided. Duplicate copies of this
inventory shall be signed by the landlord and by the tenant and a
copy given to each tenant. In an action arising under this section,
the executed copy of the inventory shall be presumed to be correct.
If the landlord fails to make such an inventory and writtenrecord,
the condition of the premises and any furnishings or appliances
provided, upon the termination of the tenancy shall be rebuttably
presumed to be the same as when the tenant first occupied the
premises.
(b) The landlord and tenant may agree that the tenant is to
perform specified repairs, maintenance tasks, and minor remodeling
only if:
(1) The agreement of the landlord and tenant is entered into in
good faith and is not for the purpose of evading the obligations of
the landlord;
(2) The work to be performed by the tenant is not necessary
to cure noncompliance by the landlord with section 521-42(a)(1); and
(3) The agreement of the landlord and tenant does not
diminish the obligations of the landlord to other tenants. Chap.
521, §521-42
Rental agreement, disclosure.
(a) A landlord or any person authorized to enter into a rental
agreement on the landlord's behalf shall disclose to the tenant in
writing at or before the commencement of the tenancy the name and
address of:
(1) Each person authorized to manage the premises; and
(2) Each person who is an owner of the premises or who is
authorized to act for or on behalf of the owner for the purpose of
service of process and receiving and receipting for rents, notices,
and demands.
The information required to be furnished
shall be kept current and shall be enforceable against any
successor landlord, owner, or manager.
(b) 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 rents,
notices, and demands; and
(2) Performing the obligations of the landlord under this
chapter and under the rental agreement and expending or making
available for the purpose all rent collected from the premises.
(c) Any owner or landlord not dealing directly with the tenant
shall be responsible for compliance with this section by an owner or
landlord dealing directly with the tenant and shall be stopped from
any objection to a failure to serve process upon an owner or
landlord in any proceeding arising under this chapter when such
failure is due to failure to comply with this section. The owner or
landlord who deals directly with the tenant and fails to comply with
this section shall be deemed an agent of every other landlord under
the rental agreement for performing the obligations of the landlord
under this chapter and under the rental agreement.
(d) In the case of a written rental agreement, the landlord
shall furnish a copy of the lease or rental agreement to the tenant.
(e) The landlord shall furnish to the tenant a written
receipt for rents paid at the time of payment. Canceled checks shall
also constitute and fulfill the requirement of a written receipt. If
rent is paid by check, the landlord shall furnish a receipt therefor,
provided a receipt is requested by the tenant.
(f) Any owner or landlord who resides without the State or on
another island from where the rental unit is located shall designate
on the written rental agreement an agent residing on the same island
where the unit is located to act in the owner's or landlord's
behalf. In the case of an oral rental agreement, the information
shall be supplied to the tenant, on demand, in a written statement.
(g) Subsections (a) and (b) to the contrary notwithstanding,
the information required to be disclosed to a tenant, instead of
being disclosed in the manner described in subsections (a) and (b),
may be disclosed as follows:
(1) In each multi-unit single-owner dwelling structure
containing an elevator, a printed or typewritten notice containing
the information required by subsections (a) and (b) shall be placed
and continuously maintained in every elevator and in one other
conspicuous place;
(2) In each multi-unit single-owner dwelling structure not
containing an elevator, a printed or typewritten notice containing
the information required by subsections (a) and (b) shall
be placed and continuously maintained in at least two conspicuous
places;
(3) In each multi-unit dwelling structure, a printed or
typewritten notice containing the information required by
subsections (a) and (b) shall be posted within the unit
in a conspicuous place.
(h) Landlords shall provide their general excise tax number to
all tenants for the purpose of filing for a low-income tax credit.
Chap. 521, §521-43
Security deposits.
(a) As used in this section "security deposit" means
money deposited by or for the tenant with the landlord to be held by
the landlord to:
(1) Remedy tenant defaults for accidental or intentional damages
resulting from failure to comply with section 521-51, for failure to
pay rent due, or for failure to return all keys furnished by the
landlord at the termination of the rental agreement;
(2) Clean the dwelling unit or have it cleaned at the
termination of the rental agreement so as to place the condition of
the dwelling unit in as fit a condition as that which the tenant
entered into possession of the dwelling unit; and
(3) Compensate for damages caused by a tenant who wrongfully
quits the dwelling unit.
(b) The landlord may require as a condition of a rental
agreement a security deposit to be paid by or for the tenant for the
items in subsection (a) and no others, in an amount not in excess of
a sum equal to one month's rent. The landlord may not require or
receive from or on behalf of a tenant at the beginning of a rental
agreement any money other than the money for the first month's rent
and a security deposit as provided in this section. The security
deposit shall not be construed as payment of the last month's rent
by the tenant, unless mutually agreed upon, in writing, by the
landlord and tenant if the tenant gives forty-five days' notice of
vacating the premises; in entering such agreement, the landlord
shall not be deemed to have waived the right to pursue legal
remedies against the tenant for any damages the tenant causes. Any
such security deposit shall be held by the landlord for the tenant
and the claim of the tenant to the security deposit shall be prior
to the claim of any creditor of the landlord, including a trustee in
bankruptcy, even if the security deposits are commingled.
(c) At the termination of a rental agreement in which the
landlord required and received a security deposit if the landlord
proposes to retain any amount of the security deposit for any of the
purposes specified in subsection (a), the landlord shall so notify
the tenant, in writing, unless the tenant had wrongfully quit the
dwelling unit, together with the particulars of and grounds for the
retention, including written evidence of the costs of remedying
tenant defaults, such as estimates or invoices for material and
services or of the costs of cleaning, such as receipts for supplies
and equipment or charges for cleaning services. The security
deposit, or the portion of the security deposit remaining after the
landlord has claimed and retained amounts authorized under this
section, if any, shall be returned to the tenant not later than
fourteen days after the termination of the rental agreement. If the
landlord does not furnish the tenant with the written notice and
other information required by this subsection, within fourteen days
after the termination of the rental agreement, the landlord shall
not be entitled to retain the security deposit or any part of it,
and the landlord shall return the entire amount of the security
deposit to the tenant. A return of the security deposit or the
furnishing of the written notice and other required information in
compliance with the requirements of this subsection shall be
presumptively proven if mailed to the tenant, at an address supplied
to the landlord by the tenant, with acceptable proof of mailing and
postmarked before midnight of the fourteenth day after the date of
the termination of the rental agreement or if there is an
acknowledgment by the tenant of receipt within the fourteen-day
limit. All actions for the recovery of a landlord's complete or
partial retention of the security deposit shall be instituted not
later than one year after termination of the rental agreement.
(d) For the purposes of this section if a tenant is absent
from the dwelling unit for a continuous period of twenty days or
more without written notice to the landlord the tenant shall be
deemed to have wrongfully quit the dwelling unit; provided that the
tenant shall not be considered to be absent from the dwelling unit
without notice to the landlord during any period for which the
landlord has received payment of rent. In addition to any other
right or remedy the landlord has with respect to such a tenant the
landlord may retain the entire amount of any security deposit the
landlord has received from or on behalf of such tenant.
(e) The landlord shall not require the delivery of any
postdated check or other negotiable instrument to be used for
payment of rent.
(f) If the landlord who required and received a security
deposit transfers the landlord's interest in the dwelling unit,
whether by sale, assignment, death, appointment of a receiver, or
otherwise, the landlord's successor in interest is bound by this
section. The original landlord shall provide an accounting of the
security deposits received for each dwelling unit to the landlord's
successor at or before the time of the transfer of the landlord's
interest; within twenty days thereafter the landlord's successor
shall give written notice to each tenant of the amount of the
security deposit credited to the tenant. In the event the landlord's
successor fails to satisfy the requirements of this subsection, it
shall be presumed that the tenant has paid a security deposit equal
to no less than one month's rent at the rate charged when the tenant
originally rented the dwelling unit and the landlord's successor
shall be bound by this amount in all further matters relating to the
security deposit.
(g) If the landlord and the tenant disagree about the right
of the landlord to claim and retain the security deposit or any
portion of it, either the landlord or the tenant may commence an
action in the small claims division of the district court, as
provided in chapter 633 and the rules of court thereunder, to
adjudicate the matter.
(h) In any action in the small claims division of the
district court pursuant to subsection (g) where the court determines
that:
(1) The landlord wrongfully and wilfully retained a security
deposit or part of a security deposit, the court may award the
tenant damages in an amount equal to three times the amount of the
security deposit, or part thereof, wrongfully and wilfully retained
and the cost of suit.
(2) The landlord wrongfully retained a security deposit or
part of a security deposit, the court shall award the tenant damages
in an amount equal to the amount of the security deposit, or part
thereof, wrongfully retained and the cost of suit.
(3) The landlord was entitled to retain the security deposit
or a part of it, the court shall award the landlord damages in an
amount equal to the amount of the security deposit, or part thereof,
in dispute and the cost of suit.
(4) In any such action, neither the landlord nor the tenant
may be represented by an attorney, including salaried employees of
the landlord or tenant. Chap. 521, §521-44
Limitation of landlord and management liability.
(a) Unless otherwise agreed, a landlord who conveys premises
which include a dwelling unit subject to a rental agreement in a
good faith sale to a person not connected with the landlord
discloses, in writing, in any form of contract for the sale of such
premises is relieved of liability under the rental agreement and
under this chapter as to events occurring subsequent to the
conveyance.
(b) The new owner who purchases the premises referred to in
subsection (a) is liable under the rental agreement and under this
chapter.
(c) Unless otherwise agreed, a person who is a manager of
premises which include a dwelling unit subject to a rental agreement
is relieved of liability under the rental agreement and under this
chapter as to events occurring subsequent to the termination of the
person's management. Chap. 521, §521-45 PART V.
TENANT OBLIGATIONS
Tenant to maintain dwelling unit.
Each tenant shall at all times during the tenancy:
(1) Comply with all applicable building and housing laws
materially affecting health and safety;
(2) Keep that part of the premises which the tenant occupies
and uses as clean and safe as the conditions of the premises permit;
(3) Dispose from the tenant's dwelling unit all rubbish,
garbage, and other organic or flammable waste in a clean and safe
manner;
(4) Keep all plumbing fixtures in the dwelling unit or used
by the tenant as clean as their condition permits;
(5) Properly use and operate all electrical and plumbing
fixtures and appliances in the dwelling unit or used by the tenant;
(6) Not permit any person on the premises with the tenant's
permission to wilfully destroy, deface, damage, impair, or remove
any part of the premises which include the dwelling unit or the
facilities, equipment, or appurtenances thereto, nor oneself do any
such thing;
(7) Keep the dwelling unit and all facilities, appliances,
furniture, and furnishings supplied therein by the landlord in fit
condition, reasonable wear and tear excepted; and
(8) Comply with all obligations, restrictions, rules, and the
like which are in accordance with section 521-52 and which the
landlord can demonstrate are reasonably necessary for the
preservation of the property and protection of the persons of the
landlord, other tenants, or any other person. Chap. 521, §521-51
Tenant to use properly.
(a) The tenant shall comply with all obligations or
restrictions, whether denominated by the landlord as rules, or
otherwise, concerning the tenant's use, occupancy, and maintenance
of the tenant's dwelling unit, appurtenances thereto, and the
premises of which the dwelling unit is a part, if:
(1) Such obligations or restrictions are brought to the
attention of the tenant at the time of the tenant's entry into the
rental agreement; or
(2) Such obligations or restrictions, if not so known by the
tenant at the time of the tenant's entry into the rental agreement,
are brought to the attention of the tenant and, if they work a
substantial modification of the tenant's bargain under the rental
agreement, are consented to in writing by the tenant.
(b) No such obligation or restriction shall be enforceable
against the tenant unless:
(1) It is for the purpose of promoting the convenience, safety,
or welfare of the tenants of the property, or for the preservation
of the landlord's property from abusive use, or for the fair
distribution of services and facilities held out for the tenants
generally;
(2) It is reasonably related to the purpose for which it is
established;
(3) It applies to all tenants of the property in a fair
manner; and
(4) It is sufficiently explicit in its prohibition,
direction, or limitation of the tenant's conduct to fairly inform
the tenant of what the tenant must or must not do to comply.
(c) If the dwelling unit is an apartment in a condominium
property regime the tenant shall comply with the bylaws of the
association of apartment owners and if the dwelling unit is an
apartment in a cooperative housing corporation the tenant shall
comply with the bylaws of the corporation. Chap. 521, §521-52
Access.
(a) The tenant shall not unreasonably withhold the tenant's
consent to the landlord to enter into the dwelling unit in order to
inspect the premises; make necessary or agreed repairs, decorations,
alterations, or improvements; supply services as agreed; or exhibit
the dwelling unit to prospective purchasers, mortgagees, or tenants.
(b) The landlord shall not abuse this right of access nor use
it to harass the tenant. Except in case of emergency or where
impracticable to do so, the landlord shall give the tenant at least
two days notice of the landlord's intent to enter and shall enter
only during reasonable hours.
(c) The landlord shall have no other right of entry, except
by court order, unless the tenant appears to have abandoned the
premises, or as permitted by section 521-70(b). Chap. 521 §521-53
Tenant to use and occupy.
The landlord may require, in the rental agreement, that the
tenant must notify the landlord of any anticipated extended absence
from the dwelling unit no later than the first day of such absence.
Chap. 521, §521-54
Tenant's responsibility to inform landlord.
Any defective condition of the premises which comes to the
tenant's attention, which the tenant has reason to believe is
unknown to the landlord, and which the tenant
has reason to believe is the duty of the landlord or of another
tenant to repair, shall be reported by the tenant to the landlord as
soon as practicable. Chap. 521, §521-55
Disposition of tenant's abandoned possessions.
(a) When the tenant, within the meaning of section 521-70(d) or
section 521-44(d), has wrongfully quit the premises, or when the
tenant has quit the premises pursuant to a notice to quit or upon
the natural expiration of the term, and has abandoned personalty
which the landlord, in good faith, determines to be of value, in or
around the premises, the landlord may sell such personalty, in a
commercially reasonable manner, store such personalty at the
tenant's expense, or donate such personalty to a charitable
organization. Before selling or donating such personalty, the
landlord shall make reasonable efforts to apprise the tenant of the
identity and location of, and the landlord's intent to sell or
donate such personalty by mailing notice to the tenant's forwarding
address, or to an address designated by the tenant for the purpose
of notification or if neither of these is available, to the tenant's
previous known address. Following such notice, the landlord may sell
the personalty after advertising the sale in a daily paper of
general circulation within the circuit in which the premises is
located for at least three consecutive days, or the landlord may
donate the personalty to a charitable organization; provided that
such sale or donation shall not take place until fifteen days after
notice is mailed, after which the tenant is deemed to have received
notice.
(b) The proceeds of the sale of personalty under subsection
(a) shall, after deduction of accrued rent and costs of storage and
sale, including the cost of advertising, be held in trust for the
tenant for thirty days, after which time the proceeds shall be
forfeited to the landlord.
(c) When the tenant has quit the premises any personalty in
or around the premises left unsold after conformance to subsection
(a) or otherwise left abandoned by the tenant and determined by the
landlord to be of no value may be disposed of at the landlord's
discretion without liability to the landlord. Chap. 521, §521-56
PART VI. REMEDIES AND PENALTIES
Tenant's remedies for failure by landlord to supply
possession.
(a) If the landlord fails to put the tenant into possession of
the dwelling unit in the agreed condition at the beginning of the
agreed term:
(1) The tenant shall not be liable for the rent during any
period the tenant is unable to enter into possession;
(2) At any time during the period the tenant is so unable to
enter into possession the tenant may notify the landlord that the
tenant has terminated the rental agreement; and
(3) The tenant shall have the right to recover damages in the
amount of reasonable expenditures necessary to secure adequate
substitute housing, the recovery to be made either by action brought
in the district court or by deduction from the rent upon submission
to the landlord of receipts totaling at least
(A) The amount of abated rent; plus
(B) The amount claimed against the rent; or
(4) If the inability to enter results from the wrongful holdover
of a prior occupant, the tenant may maintain a summary proceeding in
the district court for possession.
(b) In any district court proceeding brought by the tenant under
this section the court may award the tenant substitute housing
expenditures, reasonable court costs, and attorney's fees.
Chap. 521, §521-61
Tenant's remedy of termination at beginning of term.
If the landlord fails to conform to the rental agreement, or is
in material noncompliance with section 521-42(a), the tenant may, on
notice to the landlord, terminate the rental agreement and
vacate the dwelling unit at any time during the first week of
occupancy. The tenant shall retain such right to terminate beyond
the first week of occupancy so long as the tenant remains in
possession in reliance on a promise, whether written or oral, by the
landlord to correct all or any part of the condition which would
justify termination by the tenant under this
section. Chap. 521, §521-62
Tenant's remedy of termination at any time; unlawful
removal or exclusion.
(a) If any condition within the premises deprives the tenant of
a substantial part of the benefit and enjoyment of the tenant's
bargain under the rental agreement, the tenant may notify the
landlord in writing of the situation and, if the landlord does not
remedy the situation within one week, terminate the rental
agreement. The notice need not be given when the condition renders
the dwelling unit uninhabitable or poses an imminent threat to the
health or safety of any occupant. The tenant may not terminate for a
condition caused by the want of due care by the tenant, a member of
the tenant's family, or other person on the premises with the
tenant's consent.
(b) If the condition referred to in subsection (a) was caused
wilfully or negligently by the landlord, the tenant may recover any
damages sustained as a result of the condition.
(c) If the landlord removes or excludes the tenant from the
premises overnight without cause or without court order so
authorizing, the tenant may recover possession or terminate the
rental agreement and, in either case, recover an amount equal to two
months rent or free occupancy for two months, and the cost of suit,
including reasonable attorney's fees. If the rental agreement is
terminated, the landlord shall comply with section 521-44(c). The
court may also order any injunctive or other equitable relief it
deems proper. If the court determines that the removal or exclusion
by the landlord was with cause or was authorized by court order, the
court may award the landlord the cost of suit, including reasonable
attorney's fees if the attorney is not a salaried employee of the
landlord or the landlord's assignee. Chap. 521, 521-63
Tenant's remedy of repair and deduction for minor defects.
(a) The landlord, upon written notification by the department of
health or other state or county agencies that there exists a
condition on the premises which constitutes a health or safety
violation, shall commence repairs of the condition within five
business days of the notification with a good faith requirement that
the repairs be completed as soon as possible; provided that if the
landlord is unable to commence the repairs within five business days
for reasons beyond the landlord's control the landlord shall inform
the tenant of the reason for the delay and set a reasonable
tentative date on which repairs will commence. Health or safety
violations for the purpose of this section means any condition on
the premises which is in noncompliance with section 521-42(a)(1).
(b) If the landlord fails to perform in the manner specified
in subsection (a), the tenant may:
(1) Immediately do or have done the necessary repairs in a
competent manner, and upon submission to the landlord of receipts
amounting to at least the sum deducted, deduct from the tenant's
rent not more than $500 for the tenant's actual expenditures for
work done to correct the health or safety violation; or
(2) Submit to the landlord, at least five business days
before having the work done, written signed estimates from each of
two qualified workers and proceed to have done the necessary work by
the worker who provides the lower estimate; provided that the
landlord may require in writing a reasonable substitute worker or
substitute materials, and upon submission to the landlord of
receipts amounting to at least the sum deducted, the tenant may
deduct $500 or one month's rent, whichever is greater, for the
tenant's actual expenditures for work done to correct the health or
safety violation.
(c) The landlord, upon written notification by the tenant of any
defective condition on the premises which is in material
noncompliance with section 521-42(a) or with the rental agreement,
shall commence repairs of the condition within twelve business days
of the notification with a good faith requirement that the repairs
be completed as soon as possible; provided that if the landlord is
unable to commence repairs within twelve business days for reasons
beyond the landlord's control the landlord shall inform the tenant
of the reason for the delay and set a reasonable tentative date on
which repairs will commence. In any case involving repairs, except
those required due to misuse by the tenant, to electrical, plumbing,
or other facilities, including major appliances provided by the
landlord pursuant to the rental agreement, necessary to provide
sanitary and habitable living conditions, the landlord shall
commence repairs within three business days of receiving oral or
written notification, with a good faith requirement that the repairs
be completed as soon as possible; provided that if the landlord is
unable to commence repairs within three business days for reasons
beyond the landlord's control the landlord shall inform the tenant
of the reasons for the delay and set a reasonable tentative date on
which repairs will commence.
(d) If the landlord fails to perform in the manner specified
in subsection (c), the tenant may immediately do or have done the
necessary work in a competent manner and upon submission to the
landlord of receipts amounting to at least the sums deducted, deduct
from the tenant's rent not more than $500 for the tenant's actual
expenditures for work done to correct the defective condition.
(e) At the time the tenant initially notifies the landlord
under subsection (c), the tenant shall list every condition that the
tenant knows or should know of noncompliance under subsection
(c), in addition to the objectionable condition that the tenant then
intends to correct or have corrected at the landlord's expense.
Failure by a tenant to list such a condition that the tenant knew of
or should have known of shall estop the tenant from requiring the
landlord to correct it and from having it corrected at the
landlord's expense under this section for a period of six months
after the initial notification to the landlord. Total correction and
repair work costs under this section chargeable to the landlord's
expense during each six-month period shall not exceed an amount
equal to three months' rent.
(f) In no event may a tenant repair a dwelling unit at the
landlord's expense when the condition complained of was caused by
the want of due care by the tenant, a member of the tenant's family,
or other person on the premises with the tenant's consent.
(g) Before correcting a condition affecting facilities shared
by more than one dwelling unit, the tenant shall notify all other
tenants sharing such facilities of the tenant's plans, and shall so
arrange the work as to create the least practicable inconvenience to
the other tenants. Chap. 521, §521-64
Tenant's remedies for fire or casualty damage.
When the dwelling unit or any part of the premises or
appurtenances reasonably necessary to the benefit and enjoyment
thereof is rendered partially or wholly unusable by fire or other
casualty which occurs without wilful fault on the part
of the tenant or a member of the tenant's family, the tenant
may:
(1) Immediately quit the premises and notify the landlord of the
tenant's election to quit within one week after quitting, in which
case the rental agreement shall terminate as of the date of
quitting, but if the tenant fails to notify the landlord of the
tenant's election to quit, the tenant shall be liable for rent
accruing to the date of the landlord's actual knowledge of the
tenant's quitting or impossibility of further occupancy; or
(2) If continued occupancy is otherwise lawful, vacate any
part of the premises rendered unusable by the fire or other
casualty, in which case the tenant's liability for rent shall be no
more than the fair rental value of that part of the premises which
the tenant continues to use and occupy. Chap. 521, §521-65
Tenant's right to refund of rent, etc., on termination;
return of security deposit.
When a tenant exercises a right to terminate the rental
agreement pursuant to section 521-62, 521-63, or 521-65 the landlord
shall return to the tenant, not later than fourteen days after the
termination, the amount of any advance rent paid apportionable to
the remaining days of the term and the amount of any security
deposit that the landlord is not authorized to retain pursuant to
section 521-44. A return of advance rent or of a security
deposit complies with the requirements of this section if it is
mailed to the tenant, at an address supplied to the landlord by the
tenant, by certified mail, return receipt requested, and postmarked
before midnight of the fourteenth day after the date of the
termination of the rental agreement. Chap. 521, §521-66
Tenant's remedy for failure by landlord to disclose.
If the landlord fails to comply with any disclosure requirement
specified in section 521-43 within ten days after proper
demand therefor by the tenant, the landlord shall be liable to the
tenant for $100 plus reasonable attorney's fees. Chap. 521, §521-67
Landlord's remedies for failure by tenant to pay rent.
(a) A landlord or the landlord's agent may, any time after rent
is due, demand payment thereof and notify the tenant in writing that
unless payment is made within a time mentioned in the notice, not
less than five business days after receipt thereof, the rental
agreement will be terminated. If the tenant cannot be served with
notice as required, notice may be given the tenant by posting the
same in a conspicuous place on the dwelling unit. If the tenant
remains in default, the landlord may thereafter bring a summary
proceeding for possession of the dwelling unit or any other proper
proceeding, action, or suit for possession.
(b) A landlord or the landlord's agent may bring an action
for rent alone at any time after the landlord has demanded payment
of past due rent and notified the tenant of the landlord's intention
to bring such an action. Chap. 521, §521-68
Landlord's remedies for tenant's waste, failure to
maintain, or unlawful use.
(a) If the tenant is in material noncompliance with section
521-51, the landlord, upon learning of any such noncompliance and
after notifying the tenant in writing of the noncompliance and
allowing a specified time not less than ten days after receipt of
the notice, for the tenant to remedy the noncompliance:
(1) May terminate the rental agreement and bring a summary
proceeding for possession of the dwelling unit or any other proper
proceeding, action, or suit for possession if the tenant is in
material noncompliance with section 521-51(1); or
(2) May remedy the tenant's failure to comply and bill the
tenant for the actual and reasonable cost of such remedy if the
noncompliance can be remedied by the landlord by cleaning,
repairing, replacing a damaged item, or the like, which bill shall
be treated by all parties as rent due and payable on the next
regular rent collection date or, if the tenancy has terminated,
immediately upon receipt by the tenant.
No allowance of time to remedy noncompliance
shall be required when noncompliance by the tenant causes or
threatens to cause irremediable damage to any person or property. If
the tenant cannot be served with notice as required, notice may be
given the tenant by posting the same in a conspicuous place on the
dwelling unit.
(b) The landlord may terminate the rental agreement and bring
a summary proceeding for possession of the dwelling unit or any
other proper proceeding, action, or suit for possession for any
material noncompliance with section 521-51 by a roomer or boarder if
the roomer or boarder fails to comply within the time specified in
the notice.
(c) The landlord may bring an action or proceeding for waste
or for breach of contract for damage suffered by the tenant's wilful
or negligent failure to comply with the tenant's obligations under
section 521-51. Chap. 521, §521-69
Landlord's remedies for absence, misuse, abandonment and
failure to honor tenancy before occupancy.
(a) If the rental agreement provides for notification of the
landlord by the tenant of an anticipated extended absence and the
tenant fails to make reasonable efforts to comply with such
requirement, the tenant shall indemnify the landlord for any damage
resulting from such absence.
(b) The landlord may, during any extended absence of the
tenant, enter the dwelling unit as reasonably necessary for purposes
of inspection, maintenance, and safe-keeping or for the
purposes permitted by section 521-53(a).
(c) Unless otherwise provided in the rental agreement, use of
the dwelling unit by the tenant for any other purpose than as the
tenant's abode, or nonuse of the dwelling unit, constitutes a breach
of the tenant's obligations under section 521-52 and entitles the
landlord to proceed as provided in section 521-72.
(d) If the tenant wrongfully quits the dwelling unit and
unequivocally indicates by words or deeds the tenant's intention not
to resume the tenancy, the tenant shall be liable to the landlord
for the lesser of the following amounts for such abandonment:
(1) The entire rent due for the remainder of the term; or
(2) All rent accrued during the period reasonably necessary
to re-rent the dwelling unit at the fair rental, plus the difference
between such fair rent and the rent agreed to in the prior rental
agreement and a reasonable commission for the renting of the
dwelling unit. This paragraph applies if the amount calculated
hereunder is less than the amount calculated under paragraph (1)
whether or not the landlord re-rents the dwelling unit.
(e) If the tenant unequivocally indicates by words or deeds the
tenant's intention not to honor the tenancy before occupancy, the
tenant shall be liable to the landlord for the lesser of the
following amounts:
(1) All moneys deposited with the landlord;
(2) One month's rent at the rate agreed upon in the rental
agreement;
(3) All rent accrued from the agreed date for the
commencement of the tenancy until the dwelling unit is re-rented at
the fair rental, plus the difference between such fair rent and the
rent agreed to in the prior rental agreement, plus reasonable costs,
and a reasonable commission for the re-renting of the dwelling unit.
This paragraph applies if the amount calculated hereunder is less
than the amounts calculated under paragraphs (1) or (2), whether or
not the landlord re-rents the dwelling unit. Chap. 521, §521-70
Termination of tenancy; landlord's remedies for holdover
tenants.
(a) When the tenancy is month-to-month, the landlord may
terminate the rental agreement by notifying the tenant, in writing,
at least forty-five days in advance of the anticipated termination.
When the landlord provides notification of termination, the tenant
may vacate at any time within the last forty-five days of the period
between the notification and the termination date, but the tenant
shall notify the landlord of the date the tenant will vacate the
dwelling unit and shall pay a prorated rent for that period of
occupation.
(b) When the tenancy is month-to-month the tenant may
terminate the rental agreement by notifying the landlord, in
writing, at least twenty-eight days in advance of the anticipated
termination. When the tenant provides notice of termination, the
tenant shall be responsible for the payment of rent through the
twenty-eighth day.
(c) Before a landlord terminates a month-to-month tenancy
where the landlord contemplates voluntary demolition of the dwelling
units, conversion to a condominium property regime under chapter
514A, or changing the use of the building to transient vacation
rentals, the landlord shall provide notice to the tenant at least
one hundred twenty days in advance of the anticipated demolition or
anticipated termination, and shall comply with the provisions
relating to conversions provided in section 514A-105, if applicable.
If notice is revoked or amended and reissued, the notice period
shall begin from the date it was reissued or amended. Any notice
provided, revoked, or amended and reissued shall be in writing. When
the landlord provides notification of termination pursuant to this
subsection, the tenant may vacate at any time within the
one-hundred-twenty-day period between the notification and the
termination date, but the tenant shall notify the landlord of the
date the tenant will vacate the dwelling unit and shall pay a
prorated rent for that period of occupation.
(d) When the tenancy is less than month-to-month, the
landlord or the tenant may terminate the rental agreement by
notifying the other at least ten days before the anticipated
termination.
(e) Whenever the term of the rental agreement expires,
whether by passage of time, by mutual agreement, by the giving of
notice as provided in subsection (a), (b), (c), or (d) or by the
exercise by the landlord of a right to terminate given under this
chapter, if the tenant continues in possession after the date of
termination without the landlord's consent, the tenant may be liable
to the landlord for a sum not to exceed twice the monthly rent under
the previous rental agreement, computed and prorated on a daily
basis, for each day the tenant remains in possession. The landlord
may bring a summary proceeding for recovery of the possession of the
dwelling unit at any time during the first sixty days of holdover.
Should the landlord fail to commence summary possession proceedings
within the first sixty days of the holdover, in the absence of a
rental agreement, a month-to-month tenancy at the monthly rent
stipulated in the previous rental agreement shall prevail beginning
at the end of the first sixty days of holdover.
(f) Any notice of termination initiated for the purposes of
evading the obligations of the landlord under subsections 521-21(d)
or (e) shall be void. Chap. 521, §521-71
Landlord's remedies for improper use.
(a) If the tenant breaches any rule authorized under section
521-52, the landlord may notify the tenant in writing of the
tenant's breach. The notice shall specify the time, not less than
ten days, within which the tenant is required to remedy the breach
and shall be in substantially the following form:
"(Name and address of tenant) (date)
You are hereby notified that you have failed to perform
according to the following rule:
(specify rule allegedly breached)
Be informed that if you (continue violating) (again violate)
this rule after (a date not less than ten days after this notice),
the landlord may terminate the rental agreement and sue for
possession of your dwelling unit."
No allowance of time to remedy the breach of any rule
authorized under section 521-52 shall be required when the breach by
the tenant causes or threatens to cause damage to any person or
constitutes a violation of section 521-51(1) or (6).
(b) If the breach complained of continues or recurs after the
datespecified in the notice, the landlord may bring a summary
proceeding for possession within thirty days after such
continued or recurring breach. Chap. 521, §521-72
Landlord's and tenant's remedies for abuse of access.
(a) The tenant shall be liable to the landlord for any damage
proximately caused by the tenant's unreasonable refusal to allow
access as provided in section 521-53(a).
(b) Except for an entry under an emergency such as fire, the
landlord shall be liable to the tenant for any theft, casualty, or
other damage proximately caused by an entry into the dwelling unit
by the landlord or by another person with the permission or license
of the landlord:
(1) When the tenant is absent and has, after having been
notified by the landlord of a proposed entry or entries, refused
consent to any such specific entry;
(2) Without the tenant's actual consent when the tenant is
present and able to consent; or
(3) In any other case, when the damage suffered by the tenant
is proximately caused by the landlord's negligence.
(c) In the event of repeated demands by the landlord for
unreasonable entry, or any entry by the landlord or by another with
the landlord's permission or license which is unreasonable and not
consented to by the tenant:
(1) The tenant may treat such actions as grounds for termination
of the rental agreement;
(2) Any circuit court judge on behalf of one or more of the
tenants may issue an injunction against a landlord to enjoin
violation of this subsection;
(3) Any circuit court judge hearing a dispute as set out in
[paragraph] (2) may also assess a fine not to exceed $100.
(d) Every agreement or understanding between a landlord and a
tenant which purports to exempt the landlord from any liability
imposed by this section, except consent by a tenant to a particular
entry, shall be void. Chap. 521, §521-73
Retaliatory evictions and rent increases prohibited.
(a) Notwithstanding that the tenant has no written rental
agreement or that it has expired, so long as the tenant continues to
tender the usual rent to the landlord or proceeds to tender receipts
for rent lawfully withheld, no action or proceeding to recover
possession of the dwelling unit may be maintained against the
tenant, nor shall the landlord otherwise cause the tenant to quit
the dwelling unit involuntarily, nor demand an increase in rent from
the tenant; nor decrease the services to which the tenant has been
entitled, after:
(1) The tenant has complained in good faith to the department of
health, landlord, building department, office of consumer
protection, or any other governmental agency concerned with
landlord-tenant disputes of conditions in or affecting the tenant's
dwelling unit which constitutes a violation of a health law or
regulation or of any provision of this chapter; or
(2) The department of health or other governmental agency has
filed a notice or complaint of a violation of a health law or
regulation or any provision of this chapter; or
(3) The tenant has in good faith requested repairs under
section 521-63 or 521-64. b) Notwithstanding subsection (a), the
landlord may recover possession of the dwelling unit if:
(1) The tenant is committing waste, or a nuisance, or is using
the dwelling unit for an illegal purpose or for other than living or
dwelling purposes in violation of the tenant's rental agreement;
(2) The landlord seeks in good faith to recover possession of
the dwelling unit for immediate use as the landlord's own abode or
that of the landlord's immediate family;
(3) The landlord seeks in good faith to recover possession of
the dwelling unit for the purpose of substantially altering,
remodeling, or demolishing the premises;
(4) The complaint or request of subsection (a) relates only
to a condition or conditions caused by the lack of ordinary care by
the tenant or another person in the
tenant's household or on the premises with the tenant's consent;
(5) The landlord has received from the department of health
certification that the dwelling unit and other property and
facilities used by or affecting the use and enjoyment of the tenant
were on the date of filing of the complaint or request in compliance
with health laws and regulations;
(6) The landlord has in good faith contracted to sell the
property, and the contract of sale contains a representation by the
purchaser corresponding to paragraph (2) or (3); or
(7) The landlord is seeking to recover possession on the
basis of a notice to terminate a periodic tenancy, which notice was
given to the tenant previous to the complaint or request of
subsection (a).
(c) Any tenant from whom possession has been recovered or who
has been otherwise involuntarily dispossessed, in violation of this
section, is entitled to recover the damages sustained by the tenant
and the cost of suit, including reasonable attorney's fees.
(d) Notwithstanding subsection (a), the landlord may increase
the rent if:
(1) The landlord has received from the department of health
certification that the dwelling unit and other property and
facilities used by and affecting the use and enjoyment of the tenant
were on the date of filing of the complaint or request of subsection
(a) in compliance with health laws and regulations;
(2) The landlord has become liable for a substantial increase
in property taxes, or a substantial increase in other maintenance or
operating costs not associated with the landlord's complying with
the complaint or request, not less than four months prior to the
demand for an increase in rent; and the increase in rent does not
exceed the prorated portion of the net increase in taxes or
costs;
(3) The landlord has completed a capital improvement of the
dwelling unit or the property of which it is a part and the increase
in rent does not exceed the amount which may be claimed for federal
income tax purposes as a straight-line depreciation of the
improvement, prorated among the dwelling units benefited by the
improvement;
(4) The complaint or request of subsection (a) relates only
to a condition or conditions caused by the want of due care by the
tenant or another person of the tenant's household or on the
premises with the tenant's consent; or
(5) The landlord can establish, by competent evidence, that
the rent now demanded of the tenant does not exceed the rent charged
other tenants of similar dwelling units in the landlord's building
or, in the case of a single-family residence or where there is no
similar dwelling unit in the building, does not exceed the market
rental value of the dwelling unit. Chap. 521, §521-74
Recovery of possession limited.
The landlord shall not recover or take possession of a dwelling
unit by the wilful interruption or diminution of running water, hot
water, or electric, gas, or other essential service to the
tenant contrary to the rental agreement or section 521-42, except in
case of abandonment or surrender. A landlord who engages in this act
shall be deemed to have engaged in an unfair method of competition
or unfair and deceptive acts or practices in the conduct of any
trade or commerce within the meaning of section 480-2; provided that
in addition to the penalties available under section 480-3.1,
there shall also be minimum damages of three times the monthly rent
or $1,000, whichever is greater. Chap. 521, §521-74.5
Unconscionability.
(a) In any court action or proceeding with respect to a rental
agreement, if the court as a matter of law finds the agreement or
any provision of the agreement to have been unconscionable at the
time it was made the court may refuse to enforce the agreement, or
it may enforce the remainder of the agreement without the
unconscionable provision, or it may so limit the application of any
unconscionable provision as to avoid any unconscionable result.
(b) If it is claimed or appears to the court that the rental
agreement or any provision thereof may be unconscionable the parties
shall be afforded a reasonable opportunity to present evidence as to
its setting, purpose, and effect to aid the court in making the
determination.
(c) For the purposes of this section, an act or practice
expressly permitted by this chapter is not in itself unconscionable.
Chap. 521, §521-75
Investigation and resolution of complaints by the office
of consumer protection.
The office of consumer protection may receive, investigate and
attempt to resolve any dispute arising under this chapter. Chap.
521, §521-77
Rent trust fund.
(a) At the request of either the tenant or the landlord in any
court proceeding in which the payment or nonpayment of rent is in
dispute, the court shall order the tenant to deposit any disputed
rent as it becomes due into the court as provided under subsection
(c), and in the case of a proceeding in which a rent increase is in
issue, the amount of the rent prior to the increase; provided that
the tenant shall not be required to deposit any rent where the
tenant can show to the court's satisfaction that the rent has
already been paid to the landlord; provided further that if the
parties had executed a signed, written instrument agreeing that the
rent could be withheld or deducted, the court shall not require the
tenant to deposit rent into the fund. No deposit of rent into the
fund ordered under this section shall affect the tenant's rights to
assert either that payment of rent was made or that any grounds for
nonpayment of rent exist under this chapter.
(b) If the tenant is unable to comply with the court's order
under subsection (a) in paying the required amount of rent into the
court, the landlord shall have judgment for possession and execution
shall issue accordingly. The writ of possession shall issue to the
sheriff or to a police officer of the circuit where the premises are
situated, commanding the sheriff or police officer to remove all
persons from the premises, and to put the landlord, or the
landlord's agent, into the full possession thereof.
(c) The court in which the dispute is being heard shall
accept and hold in trust any rent deposited under this section and
shall make such payments out of money collected as provided herein.
The court shall order payment of such money collected or portion
thereof to the landlord if the court finds that the rent is due and
has not been paid to the landlord and that the tenant did not have
any basis to withhold, deduct, or otherwise set off the rent not
paid. The court shall order payment of such money collected or
portion thereof to the tenant if the court finds that the rent is
not due or has been paid, or that the tenant had a basis to
withhold, deduct, or otherwise set off the rent not paid.
(d) The court shall, upon finding that either the landlord or
the tenant raised the issue of payment or nonpayment of rent in bad
faith, order that person to pay the other party reasonable interest
on the rent deposited into the court. Chap. 521, §521-78
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