CHAPTER 710
RENTAL PROPERTY
Implied warranty and covenant of habitability
1. Definition. As used in this section, the term
"dwelling unit" shall include mobile homes, apartments,
buildings or other structures, including the common areas thereof,
which are rented for human habitation. [1977, c. 401, § 4 (new).]
2. Implied warranty of fitness for human habitation. In
any written or oral agreement for rental of a dwelling unit, the
landlord shall be deemed to covenant and warrant that the dwelling
unit is fit for human habitation. [1977, c. 401, § 4 (new).]
3. Complaints. If a condition exists in a dwelling unit
which renders the dwelling unit unfit for human habitation, then a
tenant may file a complaint against the landlord in the District
Court or Superior Court. The complaint shall state that:
A. A condition, which shall be described, endangers or
materially impairs the health or safety of the tenants; [1977, c.
401, § 4 (new).]
B. The condition was not caused by the tenant or
another person acting under his control; [1977, c. 401, § 4 (new).]
C. Written notice of the condition without unreasonable
delay, was given to the landlord or to the person who customarily
collects rent on behalf of the landlord; [1977, c. 401, § 4 (new).]
D. The landlord unreasonably failed under the
circumstances to take prompt, effective steps to repair or remedy
the condition; and [1977, c. 401, § 4 (new).]
E. The tenant was current in rental payments owing to
the landlord at the time written notice was given. [1977, c. 401, §
4 (new).] The notice requirement of paragraph C may be satisfied by
actual notice to the person who customarily collects rents on behalf
of the landlord. [1977, c. 401, § 4 (new).]
4. Remedies. If the court finds that the allegations in
the complaint are true, the landlord shall be deemed to have
breached the warranty of fitness for human habitation established by
this section, as of the date when actual notice of the condition was
given to the landlord. In addition to any other relief or remedies
which may otherwise exist, the court may take one or more of the
following actions.
A. The court may issue appropriate injunctions ordering
the landlord to repair all conditions which endanger or materially
impair the health or safety of the tenant; [1977, c. 401, § 4
(new).]
B. The court may determine the fair value of the use
and occupancy of the dwelling unit by the tenant from the date when
the landlord received actual notice of the condition until such time
as the condition is repaired, and further declare what, if any,
moneys the tenant owes the landlord or what, if any, rebate the
landlord owes the tenant for rent paid in excess of the value of use
and occupancy. In making this determination, there shall be a
rebuttable presumption that the rental amount equals the fair value
of the dwelling unit free from any condition rendering it unfit for
human habitation. A written agreement whereby the tenant accepts
specified conditions which may violate the warranty of fitness for
human habitation in return for a stated reduction in rent or other
specified fair consideration shall be binding on the tenant and the
landlord. [1977, c. 696, § 164 (amd).]
C. The court may authorize the tenant to temporarily
vacate the dwelling unit if the unit must be vacant during necessary
repairs. No use and occupation charge shall be incurred by a tenant
until such time as the tenant resumes occupation of the dwelling
unit. If the landlord offers reasonable, alternative housing
accommodations, the court may not surcharge the landlord for
alternate tenant housing during the period of necessary repairs.
[1981, c. 428, § 9 (amd).]
D. The court may enter such other orders as the court
may deem necessary to accomplish the purposes of this section. The
court may not award consequential damages for breach of the warranty
of fitness for human habitation. Upon the filing of a complaint
under this section, the court shall enter such temporary restraining
orders as may be necessary to protect the health or well-being of
tenants or of the public. [1977, c. 401, § 4 (new).] [1981, c. 428,
§ 9 (amd).]
5. Waiver. A written agreement whereby the tenant
accepts specified conditions which may violate the warranty of
fitness for human habitation in return for a stated reduction in
rent or other specified fair consideration shall be binding on the
tenant and the landlord. Any agreement, other than as provided in
this subsection, by a tenant to waive any of the rights or benefits
provided by this section shall be void. [1977, c. 401, § 4 (new).]
6. Heating requirements. It is a breach of the implied
warranty of fitness for human habitation when the landlord is
obligated by agreement or lease to provide heat for a dwelling unit
and:
A. The landlord maintains an indoor temperature which
is so low as to be injurious to the health of occupants not
suffering from abnormal medical conditions; [1983, c. 764, § 1
(new).]
B. The dwelling unit's heating facilities are not
capable of maintaining a minimum temperature of at least 68 degrees
Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet
above floor level at an outside temperature of minus 20 degrees
Fahrenheit; or [1983, c. 764, §1 (new).]
C. The heating facilities are not operated so as to
protect the building equipment and systems from freezing. [1983, c.
764, § 1 (new).]
Municipalities of this State are empowered
to adopt or retain more stringent standards by ordinances, laws or
regulations provided in this section. Any less restrictive
municipal ordinance, law or regulation establishing standards are
invalid and of no force and suspended by this section. Chap. 710, 14
§ 6021. [1983, c. 764, § 1 (new).] 7. Rights are
supplemental. [T. 14, §6021, sub-§7 (rp).]
Receipts for rent payments and security deposits
1. Rent receipts required. A landlord or his agent shall
provide a written receipt, as required in subsection 2, for each
rental payment and each security deposit payment received partially
or fully in cash from any tenant. This receipt shall be delivered to
the tenant at the time the cash payment is accepted. If either the
rent or security deposit is accepted in more than one installment
instead of a single payment, a separate receipt shall be provided
for each payment. If the payment for rent and security deposit is
received at the same time, a separate receipt, properly identified
in accordance with subsection 2, shall be issued each for the rental
payment and for the security deposit. [1979, c. 180 (new).]
2. Minimum information. The information contained in
each receipt shall include, but is not limited to, the following:
The date of the payment; the amount paid; the name of the party for
whom the payment is made; the period for which the payment is being
made; a statement that the payment is either for rent or for
security deposit; the signature of the person receiving the payment;
and the name of that person printed in a legible manner. A rent card
retained by the tenant and containing the aforementioned information
shall satisfy the requirements of this section. [1979, c. 180
(new).]
3. Exemption. This section shall not apply to any
tenancy for a dwelling unit which is part of a structure containing
no more than 5 dwelling units, one of which is occupied by the
landlord. Chap. 710, 14 § 6022. [1979, c. 180 (new).]
Agency
Any person authorized to enter into a
residential rental agreement on behalf of the owner or owners of the
premises shall be deemed to be the owner's agent for purposes of
service of process and receiving and receipting for notices and
demands. [1979, c. 180 (new).] Chap. 710, 14 § 6023.
Electric metering in common areas
No landlord may lease or offer to lease a
dwelling unit in a multi-unit residential building where the expense
of furnishing electricity to the common areas or other area not
within the unit is the sole responsibility of the tenant in that
unit, unless both parties to the lease have agreed in writing that
the tenant will pay for such costs in return for a stated reduction
in rent or other specified fair consideration that approximates the
actual cost of electricity to the common areas. "Common
areas" include, but are not limited to, hallways, stairwells,
basements, attics, storage areas, fuel furnaces or water heaters
used in common with other tenants. Except as provided in this
section, a written or oral waiver of this requirement is against
public policy and is void. Any person in violation of this section
is liable to the lessee for actual damages or $100, whichever is
greater, and reasonable attorneys' fees and costs. Chap. 710, 14 §
6024. [1985, c. 638, § 5 (amd).]
Landlord failure to pay for utility service
If a landlord fails to pay for utility
service in the name of the landlord, the tenant, in accordance with
Title 35-A, section 706, may pay for the utility service and deduct
the amount paid from the rent due to the landlord. Chap. 710, 14 §
6024-A. [1989, c. 87, §1 (new).]
Access to premises
1. Tenant obligations. A tenant may not unreasonably
withhold 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 necessary or agreed
services or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workers or contractors. A tenant
may not change the lock to the dwelling unit without giving notice
to the landlord and giving the landlord a duplicate key within 48
hours of the change. [1999, c. 204, §1 (amd).]
2. Landlord obligations. Except in the case of
emergency or if it is impracticable to do so, the landlord shall
give the tenant reasonable notice of his intent to enter and shall
enter only at reasonable times. Twenty-four hours is presumed to be
a reasonable notice in the absence of evidence to the contrary.
[1981, c. 428, §10 (new).]
3. Remedy. If a landlord makes an entry in violation of
this section, makes a lawful entry in an unreasonable manner or
makes repeated demands for entry otherwise lawful that have the
effect of harassing the tenant, the tenant may recover actual
damages or $100, whichever is greater, and obtain injunctive relief
to prevent recurrence of the conduct, and if the tenant obtains a
judgment after a contested hearing, reasonable attorney's fees. If a
tenant changes the lock and does not provide the landlord with a
duplicate key, in the case of emergency the landlord may gain
admission through whatever reasonable means necessary and charge the
tenant reasonable costs for any resulting damage. If a tenant
changes the lock and refuses to provide the landlord with a
duplicate key, the landlord may terminate the tenancy with a 7-day
notice. [1999, c. 204, §1 (amd).]
4. Waiver. Any agreement by a tenant to waive any of
the rights or benefits provided by this section is against public
policy and is void. [1981, c. 428, §10 (new).]
Chap. 710, 14 § 6025.
Dangerous conditions requiring minor repairs
1. Prohibition of dangerous conditions. No landlord
leasing premises for human habitation may maintain or permit to
exist on those premises any condition which endangers or materially
impairs the health or safety of the tenants. [1981, c. 428, §10
(new).]
2. Tenant action if landlord fails to act. If a
landlord fails to maintain a rental unit in compliance with the
standards of subsection 1 and the reasonable cost of compliance is
less than $250 or an amount equal to 1/2 the monthly rent, whichever
is greater, the tenant shall notify the landlord in writing of the
tenant's 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 by certified mail, return
receipt requested, or as promptly as conditions require in case of
emergency, the tenant may cause the work to be done with due
professional care with the same quality of materials as are being
repaired. Installation and servicing of electrical, oil burner or
plumbing equipment must be by a professional licensed pursuant to
Title 32. After submitting to the landlord an itemized
statement, the tenant may deduct from the tenant's rent the actual
and reasonable cost or the fair and reasonable value of the work,
not exceeding the amount specified in this subsection. This
subsection does not apply to repairs of damage caused by the tenant
or the tenant's invitee. [1993, c. 236, §1 (amd).]
3. Limitation on rights. No tenant may exercise his
rights pursuant to this section if the condition was caused by the
tenant, his guest or an invitee of the tenant, nor where the
landlord is unreasonably denied access, nor where extreme weather
conditions prevent the landlord from making the repair. [1981, c.
428, §10 (new).]
4. Limitation on reimbursement. No tenant may seek or
receive reimbursement for labor provided by the tenant or any member
of his immediate family pursuant to this section. Parts and
materials purchased by the tenant are reimbursable.[1981, c. 428, §10
(new).]
5. Waiver. A provision in a lease, whether oral or
written, in which the tenant waives either his rights under this
section or the duty of the landlord to maintain the premises in
compliance with the standards of fitness specified in this section
or any other duly promulgated ordinance or regulation is void,
except that a written agreement whereby the tenant accepts specified
conditions which may violate the warranty of fitness for human
habitation in return for a stated reduction in rent or other
specified fair consideration is binding on the tenant and the
landlord. [1981, c. 428, §10 (new).]
6. Rights are supplemental. The rights created by this
section are supplemental to and in no way limit the rights of a
tenant under section 6021. [1981, c. 428, §10 (new).]
7. Limitation on liability. Whenever repairs are
undertaken by or on behalf of the tenant, the landlord shall be held
free from liability for injury to that tenant or other persons
injured thereby. [1981, c. 428, §10 (new).]
8. Application. This section does not apply to any
tenancy for a dwelling unit which is part of a structure containing
no more than 5 dwelling units, one of which is occupied by the
landlord. [1981, c. 428, §10 (new).]
9. Lack of Heat. If the landlord fails to comply with
the provisions of Title 14, section 6021, subsection 6, then the
purchase of heating fuel by the tenant shall be deemed to be a
"cost of compliance" within the meaning of subsection 2.
For tenants on general assistance, municipalities shall have the
rights of tenants under this subsection. [1983, c. 764, §2 (new).]
Chap. 710, 14 § 6026.
Discrimination against families with children prohibited
(REPEALED )
Chap. 710, 14 § 6027.
Penalties for late payment of rent
A landlord may assess a penalty against a
residential tenant for late payment of rent for a residential
dwelling unit according to this section. [1987, c. 605 (amd).]
1. Late payment. A payment of rent is late if it is not
made within 15 days from the time the payment is due. [1987, c. 215
(new).]
2. Maximum penalty. A landlord may not assess a penalty
for the late payment of rent which exceeds 4% of the amount due for
one month. [1987, c. 215 (new).]
3. Notice in writing. A landlord may not assess a
penalty for the late payment of rent unless the landlord gave the
tenant written notice at the time they entered into the rental
agreement that a penalty, up to 4% of one month's rent, may be
charged for the late payment of rent. [1987, c. 215 (new).] Chap.
710, 14 § 6028.
Discrimination based on general assistance escrow accounts
prohibited (REPEALED)
Chap. 710, 14 § 6029.
Unfair rental contracts
1. Illegal waiver of rights. It is an unfair and deceptive
trade practice in violation of Title 5, section 207 for a landlord
to require a tenant to enter into a rental agreement for a dwelling
unit, as defined in section 6021, in which the tenant agrees to a
lease or rule provision that has the effect of waiving a tenant
right established in chapter 709, this chapter and chapter 710-A.
This subsection does not apply when the law specifically allows the
tenant to waive a statutory right during negotiations with the
landlord. [1991, c. 704 (amd).]
2. Unenforceable provisions. The following rental
agreement or rule provisions for a dwelling unit, as defined in
section 6021, are specifically declared to be unenforceable and in
violation of Title 5, section 207:
A. Any provision that absolves the landlord from
liability for the negligence of the landlord or the landlord's
agent; [1991, c. 361, §2 (new); §3 (aff).]
B. Any provision that requires the tenant to pay the
landlord's legal fees in enforcing the rental agreement; [1991, c.
361, §2 (new); §3 (aff).]
C. Any provision that requires the tenant to give a
lien upon the tenant's property for the amount of any rent or other
sums due the landlord; and [1991, c. 361, §2
(new); §3 (aff).]
D. Any provision that requires the tenant to
acknowledge that the provisions of the rental agreement, including
tenant rules, are fair and reasonable. [1991, c. 361, §2 (new); §3
(aff).] [1991, c. 704 (amd).]
3. Exception. Notwithstanding subsection 2, paragraph
B, a rental agreement or rule provision that provides for the award
of attorney's fees to the prevailing party after a contested hearing
to enforce the rental agreement in cases of wanton disregard of the
terms of the rental agreement is not in violation of Title 5,
section 207 and is enforceable. [1991, c. 704 (new).] Chap.
710, 14 § 6030.
Protection of rental property or tenants
1. Commencing action. A landlord may file a petition for
protection of rental property or tenants when the landlord, the
landlord's employee or agent, the landlord's rental property or
persons who are tenants of the landlord have experienced harm or
have been threatened with harm by a tenant of the landlord.
The landlord may file the petition in the landlord's own name or,
when the landlord has written authority from a tenant to do so, may
file the action on behalf of the aggrieved tenant, or both. [1995,
c. 650, §8 (new).]
2. Procedures and relief. Actions under this section
are governed by the procedural provisions of Title 5, chapter 337-A.
In addition, a temporary order may be sought if the landlord's
rental property is in an immediate and present danger of suffering
substantial damage as a result of the defendant's actions, and
additional injunctive relief may be granted enjoining the defendant
from damaging the landlord's or aggrieved tenant's property or from
threatening, assaulting, molesting, confronting or otherwise
disturbing the peace of the landlord, the landlord's employee or
agent or of any aggrieved tenant. [1995, c. 650, §8 (new).]
Chap. 710, 14 § 6030-A.
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