Contrato de arrendamiento de alquiler residencial
Title 33 - Property
CHAPTER 10 - ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
Article 1 - General Provisions
Short title
This chapter shall be known and may be cited as the Arizona residential
landlord and tenant act. Title 33, Chap. 10, §33-1301
Purposes
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 landlord
and tenant.
2. To encourage landlord and tenant to maintain and improve the
quality of housing. Title 33, Chap. 10, §33-1302
Supplementary principles of law applicable
Unless displaced by the provisions of this chapter, 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 cause
supplement its provisions. Title 33, Chap. 10, §33-1303
Applicability of chapter
This chapter shall apply to the rental of dwelling units. Any conflict
between the provisions of chapter 3 and chapter 7 of this title with the
provisions of this chapter shall be governed by the provisions of this
chapter. Title 33, Chap. 10, §33-1304
Administration of remedies; enforcement
A. The remedies provided by this chapter shall be so administered
that the aggrieved party may recover appropriate damages. The aggrieved
party has a duty to mitigate damages.
B. Any right or obligation declared by this chapter is enforceable
by action unless the provision declaring it specifies a different and limited
effect. Title 33, Chap. 10, §33-1305
Settlement of disputed claim or right
A claim or right arising under this chapter or on a rental agreement,
if disputed in good faith, may be settled by agreement. Title 33, Chap.
10, §33-1306
Territorial application
This chapter applies to, regulates, and determines rights, obligations
and remedies under a rental agreement, wherever made, for a dwelling unit
located within this state. Title 33, Chap. 10, §33-1307
Exclusions from application of chapter
Unless created to avoid the application of this chapter, the following
arrangements are not covered by this chapter:
1. Residence at an institution, public or private, if incidental
to detention or the provision of medical, educational, counseling or religious
services.
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, motel or recreational lodging.
5. Occupancy by an employee of a landlord as a manager or custodian
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 in or operation of public housing as authorized, provided,
or conducted under or pursuant to title 36, chapter 12, or under or pursuant
to any federal law or regulation. Title 33, Chap. 10, §33-1308
Jurisdiction and service of process
A. The appropriate court of this state may exercise jurisdiction
over any landlord with respect to any conduct in this state governed by
this chapter or with respect to any claim arising from a transaction subject
to this chapter. 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 appropriate 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 engages in any conduct
in this state governed by this chapter, or engages in a transaction subject
to this chapter, 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. The designation
shall be in writing and filed with the secretary of state. 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 secretary of state, but
the plaintiff or petitioner shall forthwith mail a copy of the process
and pleading by registered or certified mail to the defendant or respondent
at his last reasonably ascertained address. In the event there is no last
reasonably ascertainable address and if the defendant or respondent has
not complied with section 33-1322, subsections A and B, then service upon
the secretary of state shall be sufficient service of process without the
mailing of copies to the defendant or respondent. Service of process shall
be deemed complete and the time shall begin to run for the purposes of
this section at the time of service upon the secretary of state. The defendant
shall appear and answer within thirty days after completion thereof in
the manner and under the same penalty as if he had been personally served
with the summons. 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 the court allows. Where applicable,
the affidavit shall contain a statement that defendant or respondent has
not complied with section 33-1322, subsections A and B. Title 33,
Chap. 10, §33-1309
General definitions
Subject to additional definitions contained in subsequent articles
of this chapter which apply to specific articles thereof, and unless the
context otherwise requires, in this chapter:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity
and any other proceeding in which rights are determined, including an action
for possession.
2. "Building and housing codes" include 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. "Delivery of possession" means returning dwelling unit keys to
the landlord and vacating the premises.
4. "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 two or more persons who maintain a common household.
"Dwelling unit" excludes real property used to accommodate a mobile home,
unless the mobile home is rented or leased by the landlord.
5. "Good faith" means honesty in fact in the conduct or transaction
concerned.
6. "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 33-1322.
7. "Organization" includes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or association,
two or more persons having a joint or common interest and any other legal
or commercial entity which is a landlord, owner, manager or constructive
agent pursuant to section 33-1322.
8. "Owner" means one or more persons, jointly or severally, in whom
is vested all or part of the legal title to property or all or part of
the beneficial ownership and a right to present use and enjoyment of the
premises. The term includes a mortgagee in possession.
9. "Person" means an individual or organization.
10. "Premises" means a dwelling unit and the structure of which
it is a part and existing facilities and appurtenances therein, including
furniture and utilities where applicable, and grounds, areas and existing
facilities held out for the use of tenants generally or whose use is promised
to the tenant.
11. "Rent" means payments to be made to the landlord in full consideration
for the rented premises.
12. "Rental agreement" means all agreements, written, oral or implied
by law, and valid rules and regulations adopted under section 33-1342 embodying
the terms and conditions concerning the use and occupancy of a dwelling
unit and premises.
13. "Roomer" means a person occupying a dwelling unit that lacks
a major bathroom or kitchen facility, in a structure where one or more
major facilities are used in common by occupants of the dwelling unit and
other dwelling units. Major facility in the case of a bathroom means toilet,
or either a bath or shower, and in the case of a kitchen means refrigerator,
stove or sink.
14. "Security" means money or property given to assure payment or
performance under a rental agreement. "Security" does not include a reasonable
charge for redecorating or cleaning.
15. "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 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.
16. "Tenant" means a person entitled under a rental agreement to
occupy a dwelling unit to the exclusion of others.
17. "Term of lease" means the initial term or any renewal or extension
of the written rental agreement currently in effect not including any wrongful
holdover period. Title 33, Chap. 10, §33-1310
Obligation of good faith
Every duty under 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.
Title 33, Chap. 10, §33-1311
Unconscionability
A. If the court, as a matter of law, finds either of the following:
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.
2. A settlement in which a party waives or agrees to forego a claim
or right under this chapter or under a rental agreement was unconscionable
at the time it was 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 any 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. Title
33, Chap. 10, §33-1312
Notice
A. A person has notice of a fact if he has actual knowledge of it,
has received a notice or notification of it or 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
by taking steps reasonably calculated 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 it comes to his attention, or in the case
of the landlord, it is delivered in hand or mailed by registered or certified
mail to 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 the communication or delivered to any individual who is designated as
an agent by section 33-1322 or, 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.
If notice is mailed by registered or certified mail, the tenant or landlord
is deemed to have received such notice on the date the notice is actually
received by him or five days after the date the notice is mailed, whichever
occurs first.
C. "Notice," knowledge or 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 the transaction
and in any event from the time it would have been brought to his attention
if the organization had exercised reasonable diligence. Title 33,
Chap. 10, §33-1313
Terms and conditions of rental agreement
A. The landlord and tenant may include in a rental agreement terms
and conditions not prohibited by this chapter or any other rule of law
including rent, term of the agreement and other provisions governing the
rights and obligations of the parties.
B. In the absence of a rental agreement, the tenant shall pay as
rent the fair rental value for the use and occupancy of the dwelling unit.
C. Rent shall be 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 monthly installments at
the beginning of each month. Unless otherwise agreed, rent shall be uniformly
apportionable from day-to-day.
D. Unless the rental agreement fixes a definite term, the tenancy
shall be week-to- week in case of a roomer who pays weekly rent, and in
all other cases month-to-month.
E. If a municipality that levies a transaction privilege tax on
residential rent changes the percentage of that tax, the landlord on thirty
day written notice to the tenant may adjust the amount of rent due to equal
the difference caused by new percentage amount of tax. The adjustment to
rent shall not occur before the date upon which the new tax is effective.
In order for a landlord to adjust rent pursuant to this subsection, the
landlord's right to adjust rent pursuant to this subsection shall be disclosed
in the rental agreement. Title 33, Chap. 10, §33-1314
Utility charges; submetering; ratio utility billing; allocation;
water system exemption
A. A landlord may charge separately for gas, water, wastewater,
solid waste removal or electricity by installing a submetering system or
by allocating the charges separately through a ratio utility billing system.
B. If a landlord charges separately for a utility pursuant to subsection
A, the landlord may recover the charges imposed on the landlord by the
utility provider plus an administrative fee for the landlord for actual
administrative costs only. The landlord shall not impose any additional
charges. The rental agreement shall contain a disclosure that lists the
utility services that are charged separately and shall specify the amount
of any administrative fee that is associated with submetering or the use
of a ratio utility billing system.
C. If provided in the rental agreement, the landlord may impose
a submetering system or ratio utility billing system during the term of
a rental agreement if the landlord provides notice as prescribed by subsection
G.
D. If a landlord is not in compliance with subsection B, the tenant
shall first object in writing to the landlord regarding the utility billing.
If the dispute is not resolved, the tenant may file a civil complaint in
justice court to enforce this section.
E. If a landlord uses an allocation or submetering system, the bill
format for each billing period shall:
1. Separately state the cost of the charges for the period together
with the opening and the closing meter readings and the dates of the meter
readings.
2. Show the amount of any administrative fee charged.
F. If a landlord does not use a submetering system and allocates
charges separately for gas, water, wastewater, solid waste removal or electricity,
the landlord may allocate the costs to each tenant by using one or more
of the following ratio utility billing system methods:
1. Per tenant.
2. Proportionately by livable square footage.
3. Per type of unit.
4. Per number of water fixtures.
5. For water and wastewater, by use of an individually submetered
hot water usage measure for the tenant's dwelling unit.
6. Any other method that fairly allocates the charges and that is
described in the tenant's rental agreement.
G. If a landlord uses a ratio utility billing system method pursuant
to subsection F, the rental agreement shall contain a specific description
of the ratio utility billing method used to allocate utility costs. For
any existing tenancies, the landlord shall provide at least ninety days'
notice to the tenant before the landlord begins using a submetering system
or allocating costs through a ratio utility billing system.
H. For purposes of regulating apartment communities as public or
consecutive water systems, the department of environmental quality shall
not adopt rules pursuant to title 49, chapter 2, article 9 that are more
stringent than those authorized by federal law. Without other evidence
of activities that are subject to regulation under title 49, chapter 2,
article 9, the department of environmental quality shall not use an apartment
community's use of a submetering system or a ratio utility billing system
as the sole basis for regulating an apartment community as a public or
consecutive water system. Title 33, Chap. 10, §33-1314.01
Prohibited provisions in rental agreements
A. A rental agreement shall not provide that the tenant does any
of the following:
1. Agrees to waive or to forego rights or remedies under this chapter.
2. Agrees to pay the landlord's attorney's fees, except an agreement
in writing may provide that attorney's fees may be awarded to the prevailing
party in the event of court action and except that a prevailing party in
a contested forcible detainer action is eligible to be awarded attorney
fees pursuant to section 12-341.01 regardless of whether the rental agreement
provides for such an award.
3. 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.
B. A provision prohibited by subsection A of this section included
in a rental agreement is unenforceable. If a landlord deliberately uses
a rental agreement containing provisions known by him to be prohibited,
the tenant may recover actual damages sustained by him and not more than
two months' periodic rent. Title 33, Chap. 10, §33-1315
Separation of rents and obligations to maintain property forbidden
A rental agreement, assignment, conveyance, trust deed or security
instrument may not permit the receipt of rent free of the obligation to
comply with section 33-1324, subsection A. Title 33, Chap. 10, §33-1316
Discrimination by landlord or lessor against tenant with children
prohibited; classification; exceptions; civil remedy; applicability
A. A person who knowingly refuses to rent to any other person a
place to be used for a dwelling for the reason that the other person has
a child or children, or who advertises in connection with the rental a
restriction against children, either by the display of a sign, placard
or written or printed notice, or by publication thereof in a newspaper
of general circulation, is guilty of a petty offense.
B. No person shall rent or lease his property to another in violation
of a valid restrictive covenant against the sale of such property to persons
who have a child or children living with them.
C. No person shall rent or lease his property to persons who have
a child or children living with them when his property meets the definition
of housing for older persons in section 41-1491.04.
D. A person who knowingly rents or leases his property in violation
of the provisions of subsection B or C of this section is guilty of a petty
offense.
E. A person whose rights under this section have been violated may
bring a civil action against a person who violates this section for all
of the following:
1. Injunctive or declaratory relief to correct the violation.
2. Actual damages sustained by the tenant or prospective tenant.
3. A civil penalty of three times the monthly rent of the housing
accommodation involved in the violation if the violation is determined
to be intentional.
4. Court costs and reasonable attorney fees.
F. Nothing in this section shall prohibit a person from refusing
to rent a dwelling by reason of reasonable occupancy standards established
by the owner or the owner's agent which apply to persons of all ages, and
which have been adopted and published before the event in issue. An occupancy
limitation of two persons per bedroom residing in a dwelling unit shall
be presumed reasonable for this state and all political subdivisions of
this state.
G. Subsection B of this section applies only to dwellings occupied
or intended to be occupied by no more than four families living independently
of each other and in which the owner maintains and occupies one of the
living quarters as the owner's residence. Title 33, Chap. 10, §33-1317
Article 2 - Landlord Obligations
Security deposits
A. A landlord shall not demand or receive security, however denominated,
including, but not limited to, prepaid rent in an amount or value in excess
of one and one-half month's rent. This subsection does not prohibit a tenant
from voluntarily paying more than one and one-half month's rent in advance.
B. The purpose of all nonrefundable fees or deposits shall be stated
in writing by the landlord. Any fee or deposit not designated as nonrefundable
shall be refundable.
C. With respect to tenants who first occupy the premises or enter
into a new written rental agreement after January 1, 1996, upon move in
a landlord shall furnish the tenant with a signed copy of the lease, a
move-in form for specifying any existing damages to the dwelling unit and
written notification to the tenant that the tenant may be present at the
move-out inspection. Upon request by the tenant, the landlord shall notify
the tenant when the landlord's move-out inspection will occur. If the tenant
is being evicted for a material and irreparable breach and the landlord
has reasonable cause to fear violence or intimidation on the part of the
tenant, the landlord has no obligation to conduct a joint move-out inspection
with the tenant.
D. Upon termination of the tenancy, property or money held by the
landlord as prepaid rent and security may be applied to the payment of
all rent, and subject to a landlord's duty to mitigate, all charges as
specified in the signed lease agreement, or as provided in this chapter,
including the amount of damages which the landlord has suffered by reason
of the tenant's noncompliance with section 33-1341. Within fourteen days,
excluding Saturdays, Sundays or other legal holidays, after termination
of the tenancy and delivery of possession and demand by the tenant the
landlord shall provide the tenant an itemized list of all deductions together
with the amount due and payable to the tenant, if any. Unless other arrangements
are made in writing by the tenant, the landlord shall mail, by regular
mail, to the tenant's last known place of residence.
E. If the landlord fails to comply with subsection D of this section
the tenant may recover the property and money due the tenant together with
damages in an amount equal to twice the amount wrongfully withheld.
F. This section does not preclude the landlord or tenant from recovering
other damages to which the landlord or tenant may be entitled under this
chapter.
G. The holder of the landlord's interest in the premises at the
time of the termination of the tenancy is bound by this section. Title
33, Chap. 10, §33-1321
Disclosure and tender of written rental agreement
A. The 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 each of the following:
1. The person authorized to manage the premises.
2. An owner of the premises or a person authorized to act for and
on behalf of the owner for the purpose of service of process and for the
purpose of receiving and receipting for notices and demands.
B. At or before the commencement of the tenancy, the landlord shall
inform the tenant in writing that a free copy of the Arizona residential
landlord and tenant act is available through the Arizona secretary of state's
office.
C. The information required to be furnished by this section shall
be kept current and refurnished to tenant upon tenant's request. This section
extends to and is enforceable against any successor landlord, owner or
manager.
D. A person who fails to comply with subsections A and B becomes
an agent of each person who is a landlord for the following purposes:
1. Service of process and receiving and receipting for notices and
demands.
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.
E. If there is a written rental agreement, the landlord must tender
and deliver a signed copy of the rental agreement to the tenant and the
tenant must sign and deliver to the landlord one fully executed copy of
such rental agreement within a reasonable time after the agreement is executed.
A written rental agreement shall have all blank spaces completed. Noncompliance
with this subsection shall be deemed a material noncompliance by the landlord
or the tenant, as the case may be, of the rental agreement. Title
33, Chap. 10, §33-1322
Landlord to supply possession of dwelling unit
At the commencement of the term the landlord shall deliver possession
of the premises to the tenant in compliance with the rental agreement and
section 33-1324. The landlord may bring an action for possession against
any person wrongfully in possession and may recover the damages provided
in section 33-1375, subsection C. Title 33, Chap. 10, §33-1323
Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building 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.
4. Maintain in good and safe working order and 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.
6. Supply running water and reasonable amounts of hot water at all
times, reasonable heat and reasonable air-conditioning or cooling where
such units are installed and offered, when required by seasonal weather
conditions, 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, air-conditioning, cooling or 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 subsection A, paragraph 1 of this section
is greater than any duty imposed by any other paragraph of this section,
the landlord's duty shall be determined by reference to that paragraph.
C. The landlord and tenant of a single family residence may agree
in writing, supported by adequate consideration, that the tenant perform
the landlord's duties specified in subsection A, paragraphs 5 and 6 of
this section, and also specified repairs, maintenance tasks, alterations
and remodeling, but only if the transaction is entered into in good faith,
not for the purpose of evading the obligations of the landlord and the
work is not necessary to cure noncompliance with subsection A, paragraphs
1 and 2 of this section.
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 tasks, alterations or remodeling only if:
1. The agreement of the parties 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, paragraphs 1 and 2 of this section.
3. The agreement does not diminish or affect the obligation of the
landlord to other tenants in the premises. Title 33, Chap. 10, §33-1324
Limitation of liability
A. Unless otherwise agreed, a landlord, who conveys premises that
include a dwelling unit subject to a rental agreement in a good faith sale
to a bona fide purchaser, is relieved of liability under the rental agreement
and this chapter as to events occurring subsequent to written notice to
the tenant of the conveyance. He remains liable to the tenant for any property
and money to which the tenant is entitled under section 33-1321.
B. Unless otherwise agreed, a manager of premises that include a
dwelling unit is relieved of liability under the rental agreement and this
chapter as to events occurring after written notice to the tenant of the
termination of his management. Title 33, Chap. 10, §33-1325
Regulation of rents; authority
A. Notwithstanding any other provisions of law to the contrary the
state legislature determines that the imposition of rent control on private
residential housing units by cities, including charter cities, and towns
is of statewide concern. Therefore, the power to control rents on private
residential property is preempted by the state. Cities, including charter
cities, or towns shall not have the power to control rents.
B. The provisions of subsection A shall not apply to residential
property which is owned, financed, insured or subsidized by any state agency,
or by any city, including charter city, or town. Title 33, Chap.
10, §33-1329
Article 3 - Tenant Obligations
Tenant to maintain dwelling unit
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by
applicable provisions of building 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, rubbish, garbage and
other 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. 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, damage, impair
or remove any part of the premises or knowingly permit any person to do
so.
7. Conduct himself and require other persons on the premises with
his consent to conduct themselves in a manner that will not disturb his
neighbors' peaceful enjoyment of the premises. Title 33, Chap. 10,
§33-1341
Rules and regulations
A. A landlord, from time to time, may adopt rules or regulations,
however described, concerning the tenant's use and occupancy of the premises.
Such rules or regulations are enforceable against the tenant only if:
1. Their 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 tenants generally.
2. They are reasonably related to the purpose for which adopted.
3. They apply to all tenants in the premises in a fair manner.
4. They are sufficiently explicit in 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.
5. They are not for the purpose of evading the obligations of the
landlord.
6. The tenant has notice of them at the time the tenant enters into
the rental agreement.
B. A rule or regulation adopted after the tenant enters into the
rental agreement is enforceable against the tenant if a thirty day notice
of its adoption is given to the tenant and it does not constitute a substantial
modification of the tenant's rental agreement.
C. If state, county, municipal or other governmental bodies adopt
new ordinances, rules or other legal provisions affecting existing rental
agreements, the landlord may make immediate amendments to lease agreements
to bring them into compliance with the law. The landlord shall give a tenant
written notice that the tenant's lease agreement has been amended, and
the notice shall provide a brief description of the amendment and the effective
date. Title 33, Chap. 10, §33-1342
Access
A. The tenant shall 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, workmen or contractors.
B. The landlord may enter the dwelling unit without consent of the
tenant in case of emergency.
C. The landlord shall not abuse the right to access or use it to
harass the tenant. Except in case of emergency or if it is impracticable
to do so, the landlord shall give the tenant at least two days' notice
of his intent to enter and enter only at reasonable times.
D. The landlord has no other right of access except by court order
and as permitted by sections 33-1369 and 33-1370, or if the tenant has
abandoned or surrendered the premises. Title 33, Chap. 10, §33-1343
Tenant to use and occupy as a dwelling unit
Unless otherwise agreed, the tenant shall occupy his dwelling unit
only as a dwelling unit. Title 33, Chap. 10, §33-1344
Article 4 - Remedies
Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance
by the landlord with the rental agreement, including a material falsification
of the written information provided to the tenant, 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 ten days after receipt of the notice if the breach is not remedied
in ten days. If there is a noncompliance by the landlord with section 33-1324
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 five days after receipt of the notice if the breach is not remedied
in five days. For the purposes of this section, material falsification
shall include availability of the unit, except when a holdover tenant is
in illegal possession or in violation of the rental agreement, the condition
of the premises and any current services as represented by the landlord
in writing as well as any written representation, as well as any representation
regarding future services and any future changes regarding the condition
of the premises, the provision of utility services and the designation
of the party responsible for the payment of utility services. The rental
agreement shall terminate and the dwelling unit shall be vacated as provided
in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages
or otherwise and the landlord adequately remedies the breach prior to the
date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's family
or other person on the premises with the tenant's consent.
B. Except as provided in this chapter, the tenant may recover damages
and obtain injunctive relief for any noncompliance by the landlord with
the rental agreement or section 33-1324.
C. The remedy provided in subsection B of this section is in addition
to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return
all security recoverable by the tenant under section 33-1321. Title 33,
Chap. 10, §33-1361
Failure to deliver possession
A. If the landlord fails to deliver physical possession of the dwelling
unit to the tenant as provided in section 33-1323, rent abates until possession
is delivered and the tenant may do either of the following:
1. Upon at least five days' written notice to the landlord terminate
the rental agreement and upon termination the landlord shall return all
prepaid rent and security.
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 damages sustained by him.
B. If the landlord fails to deliver constructive possession to the
tenant because of noncompliance with section 33-1324, rent shall not abate.
Tenant may proceed with the remedies provided for in section 33-1361.
C. 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 two months' periodic rent or twice the actual damages sustained
by him, whichever is greater. Title 33, Chap. 10, §33-1362
Self-help for minor defects
A. If the landlord fails to comply with section 33-1324, and the
reasonable cost of compliance is less than three hundred dollars, or an
amount equal to one-half of the monthly rent, whichever amount is greater,
the tenant may recover damages for the breach under section 33-1361, subsection
B, or may notify the landlord of the tenant's intention to correct the
condition at the landlord's expense. After being notified by the tenant
in writing, if the landlord fails to comply within ten days or as promptly
thereafter as conditions require in case of emergency, the tenant may cause
the work to be done by a licensed contractor and, after submitting to the
landlord an itemized statement and a waiver of lien, deduct from his rent
the actual and reasonable cost of the work, not exceeding the amount specified
in this subsection.
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 the tenant's family or other person on the premises with the
tenant's consent. Title 33, Chap. 10, §33-1363
Wrongful failure to supply heat, air conditioning, cooling, water,
hot water or essential services
A. If contrary to the rental agreement or section 33-1324 the landlord
deliberately or negligently fails to supply running water, gas or electrical
service, or both if applicable, and reasonable amounts of hot water or
heat, air-conditioning or cooling, where such units are installed and offered,
or essential services, the tenant may give reasonable notice to the landlord
specifying the breach and may do one of the following:
1. Procure reasonable amounts of hot water, running water, heat
and essential services during the period of the landlord's noncompliance
and deduct their actual reasonable cost from the rent. If the landlord
has failed to provide any of the utility services specified in this section
due to nonpayment of the landlord's utility bill for the premises, and
if there is no separate utility meter for each tenant in the premises such
that the tenant could avoid a utility shutoff by arranging to have services
transferred to the tenant's name, the tenant may either individually or
collectively with other tenants arrange with the utility company to pay
the utility bill after written notice to the landlord of the tenant's intent
to do so. With the utility company's approval the tenant or tenants may
pay the landlord's delinquent utility bill and deduct from any rent owed
to the landlord the actual cost of the payment the tenant made to restore
utility services. The tenant or tenants may continue to make such payments
to the utility company until the landlord has provided adequate assurances
to the tenant that the above utility services will be maintained.
2. Recover damages based upon the diminution in the fair rental
value of the dwelling unit.
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. In the event the periodic
cost of such substitute housing exceeds the amount of the periodic rent,
upon delivery by tenant of proof of payment for such substitute housing,
tenant may recover from landlord such excess costs up to an amount not
to exceed twenty-five per cent of the periodic rent which has been excused
pursuant to this paragraph.
B. A landlord shall provide all utilities and services specified
in the lease agreement.
C. A landlord shall not terminate utility services as specified
in subsection A of this section which are provided to the tenant as part
of the rental agreement, except as necessary to make needed repairs or
as provided in section 33-1368. Subsequent to the execution of the rental
agreement, a landlord may not transfer the responsibility for payment of
such utility services to the tenant without the tenant's written consent.
D. If a landlord is in violation of subsection C of this section,
the tenant may recover damages, costs and reasonable attorneys fees and
obtain injunctive relief. Nothing in this section shall preclude a tenant's
right to recover damages as specified in section 33-1367.
E. A lease agreement shall not contain any terms contrary to this
section.
F. In addition to the remedy provided in paragraph 3 of subsection
A of this section, in the event the landlord's noncompliance is deliberate,
the tenant may recover the actual and reasonable cost or fair and reasonable
value of the substitute housing not in excess of an amount equal to the
periodic rent.
G. If the tenant proceeds under this section, he may not proceed
under section 33- 1361 or section 33-1363 as to that breach, except as
to damages which occur prior to the tenant proceeding under subsection
A or B of this section.
H. The rights under this section do not arise until the tenant has
given notice to the landlord and such rights do not include the right to
repair. Such rights do not arise if the condition was caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's family
or other person on the premises with the tenant's consent. Title
33, Chap. 10, §33-1364
Landlord's noncompliance as defense to action for possession
or rent; definition
A. In an action for possession based upon nonpayment of the rent
or in an action for rent where the tenant is in possession, if the landlord
is not in compliance with the rental agreement or this chapter, the tenant
may counterclaim for any amount which he may recover under the rental agreement
or this chapter. In that event after notice and hearing the court from
time to time may order the tenant to pay into court all or part of the
undisputed rent accrued and all periodic rent 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,
if any, by the other party. However, if no rent remains due after application
of this section, or if the tenant is adjudged to have acted in good faith
and satisfies a judgment for rent entered for the landlord, judgment shall
be entered for the tenant in the action for possession.
B. In an action for rent where the tenant is not in possession,
the tenant may counterclaim as provided in subsection A but the tenant
is not required to pay any rent into court. Title 33, Chap. 10, §33-1365
Fire or casualty damage
A. If the dwelling unit or premises are damaged or destroyed by
fire or casualty to an extent that enjoyment of the dwelling unit is substantially
impaired, the tenant may do either of the following:
1. Immediately vacate the premises and notify the landlord in writing
within fourteen days thereafter of his intention to terminate the rental
agreement, in which case the rental agreement terminates as of the date
of vacating.
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 33-1321. Accounting for rent in
the event of termination or apportionment is to occur as of the date the
tenant vacates all or part of the dwelling unit. Title 33, Chap.
10, §33-1366
Tenant's remedies for landlord's unlawful ouster, exclusion or
diminution of services
If the landlord unlawfully removes or excludes the tenant from the
premises or wilfully diminishes services to the tenant by interrupting
or causing the interruption of electric, gas, water or other essential
service to the tenant, the tenant may recover possession or terminate the
rental agreement and, in either case, recover an amount not more than two
months' periodic rent or twice the actual damages sustained by him, whichever
is greater. If the rental agreement is terminated the landlord shall return
all security recoverable under section 33-1321. Title 33, Chap. 10, §33-1367
Noncompliance with rental agreement by tenant; failure to pay
rent; utility discontinuation; liability for guests; definition
A. Except as provided in this chapter, if there is a material noncompliance
by the tenant with the rental agreement, including material falsification
of the information provided on the rental application, 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 ten days after receipt of the notice if the breach
is not remedied in ten days. For the purposes of this section, material
falsification shall include the following untrue or misleading information
about the:
1. Number of occupants in the dwelling unit, pets, income of prospective
tenant, social security number and current employment listed on the application
or lease agreement.
2. Tenant's criminal records, prior eviction record and current
criminal activity. Material falsification of information in this paragraph
is not curable under this section. If there is a noncompliance by the tenant
with section 33-1341 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 five days after receipt of the notice if the breach
is not remedied in five days. However, if the breach is remediable by repair
or the payment of damages or otherwise, and the tenant adequately remedies
the breach before the date specified in the notice, the rental agreement
will not terminate. If there is an additional act of these types of noncompliance
of the same or a similar nature during the term of the lease after the
previous remedy of noncompliance, the landlord may institute a special
detainer action pursuant to section 33-1377 ten days after delivery of
a written notice advising the tenant that a second noncompliance of the
same or a similar nature has occurred. If there is a breach that is both
material and irreparable and that occurs on the premises, including but
not limited to an illegal discharge of a weapon, homicide as defined in
sections 13-1102 through 13-1105, prostitution as defined in section 13-3211,
criminal street gang activity as prescribed in section 13-105, activity
as prohibited in section 13-2308, the unlawful manufacturing, selling,
transferring, possessing, using or storing of a controlled substance as
defined in section 13-3451, threatening or intimidating as prohibited in
section 13-1202, assault as prohibited in section 13-1203, acts that have
been found to constitute a nuisance pursuant to section 12-991 or a breach
of the lease agreement that otherwise jeopardizes the health, safety and
welfare of the landlord, the landlord's agent or another tenant or involving
imminent or actual serious property damage, the landlord may deliver a
written notice for immediate termination of the rental agreement and shall
proceed under section 33-1377.
B. A tenant may not withhold rent for any reason not authorized
by this chapter. If rent is unpaid when due and the tenant fails to pay
rent within five days after written notice by the landlord of nonpayment
and the landlord's intention to terminate the rental agreement if the rent
is not paid within that period of time, the landlord may terminate the
rental agreement by filing a special detainer action pursuant to section
33-1377. Before the filing of a special detainer action the rental agreement
shall be reinstated if the tenant tenders all past due and unpaid periodic
rent and a reasonable late fee set forth in a written rental agreement.
After a special detainer action is filed the rental agreement is reinstated
only if the tenant pays all past due rent, reasonable late fees set forth
in a written rental agreement, attorney fees and court costs. After a judgment
has been entered in a special detainer action in favor of the landlord,
any reinstatement of the rental agreement is solely in the discretion of
the landlord.
C. The landlord may recover all reasonable damages, resulting from
noncompliance by the tenant with the rental agreement or section 33-1341
or occupancy of the dwelling unit, court costs, reasonable attorney fees
and all quantifiable damage caused by the tenant to the premises.
D. The landlord may discontinue utility services provided by the
landlord on the day following the day that a writ of restitution or execution
is executed pursuant to section 12-1181. Disconnections shall be performed
only by a person authorized by the utility whose service is being discontinued.
Nothing in this section shall supersede standard tariff and operational
procedures that apply to any public service corporation, municipal corporation
or special districts providing utility services in this state.
E. The landlord shall hold the tenant's personal property for a
period of twenty- one days beginning on the first day after a writ of restitution
or writ of execution is executed as prescribed in section 12-1181. The
landlord shall use reasonable care in moving and holding the tenant's property
and may store the tenant's property in an unoccupied dwelling unit owned
by the landlord, the unoccupied dwelling unit formerly occupied by the
tenant or off the premises if an unoccupied dwelling unit is not available.
If the tenant's former dwelling unit is used to store the property, the
landlord may change the locks on that unit at the landlord's discretion.
The landlord shall prepare an inventory and promptly notify the tenant
of the location and cost of storage of the personal property by sending
a notice by certified mail, return receipt requested, addressed to the
tenant's last known address and to any of the tenant's alternative addresses
known to the landlord. To reclaim the personal property, the tenant shall
pay the landlord only for the cost of removal and storage for the time
the property is held by the landlord. Within five days after a written
offer by the tenant to pay these charges the landlord must surrender possession
of the personal property in the landlord's possession to the tenant upon
the tenant's tender of payment. If the landlord fails to surrender possession
of the personal property to the tenant, the tenant may recover the possessions
or an amount equal to the damages determined by the court if the landlord
has destroyed or disposed of the possessions before the twenty-one days
specified in this section or after the tenant's offer to pay. The tenant
shall pay all removal and storage costs accrued through the fifth day after
the tenant's offer to pay is received by the landlord or the date of delivery
or surrender of the property, whichever is sooner. Payment by the tenant
relieves the landlord of any further responsibility for the tenant's possessions.
F. A tenant does not have any right of access to that property until
all payments specified in subsection E of this section have been made in
full, except that the tenant may obtain clothing and the tools, apparatus
and books of a trade or profession and identification or financial documents
including all those related to the tenant's immigration status, employment
status, public assistance or medical care. If the landlord holds the property
for the twenty-one day period and the tenant does not make a reasonable
effort to recover it, the landlord, upon the expiration of twenty-one days
as provided in this subsection, may administer the personal property as
provided in section 33-1370, subsection E. The landlord shall hold personal
property after a writ of restitution or writ of execution is executed for
not more than twenty-one days after such an execution. Nothing in this
subsection shall preclude the landlord and tenant from making an agreement
providing that the landlord will hold the personal property for a period
longer than twenty-one days.
G. For the purposes of this chapter, the tenant shall be held responsible
for the actions of the tenant's guests that violate the lease agreement
or rules or regulations of the landlord if the tenant could reasonably
be expected to be aware that such actions might occur and did not attempt
to prevent those actions to the best of the tenant's ability.
H. For purposes of this section, "days" means calendar days.
Title 33, Chap. 10, §33-1368
Failure to maintain
If there is noncompliance by the tenant with section 33-1341 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 fourteen 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 an itemized bill for the actual and reasonable cost or the fair
and reasonable value thereof as rent on the next date when periodic rent
is due, or if the rental agreement has terminated, for immediate payment.
Title 33, Chap. 10, §33-1369
Abandonment; notice; remedies; personal property; definition
A. If a dwelling unit is abandoned after the time prescribed in
subsection H of this section, the landlord shall send the tenant a notice
of abandonment by certified mail, return receipt requested, addressed to
the tenant's last known address and to any of the tenant's alternate addresses
known to the landlord. The landlord shall also post a notice of abandonment
on the door to the dwelling unit or any other conspicuous place on the
property for five days.
B. Five days after notice of abandonment has been both posted and
mailed, the landlord may retake the dwelling unit and rerent the dwelling
unit at a fair rental value if no personal property remains in the dwelling
unit. After the landlord retakes the dwelling unit, money held by the landlord
as a security deposit is forfeited and shall be applied to the payment
of any accrued rent and other reasonable costs incurred by the landlord
by reason of the tenant's abandonment.
C. If the tenant abandons the dwelling unit, the landlord shall
make reasonable efforts to rent it at a fair rental. If the landlord rents
the dwelling unit for a term beginning prior to the expiration of the rental
agreement, it is deemed to be terminated as of the date the new tenancy
begins. If the landlord fails to use reasonable efforts to rent the welling
unit at a fair rental or if the landlord accepts the abandonment as a surrender,
the rental agreement is deemed to be terminated by the landlord as of the
date the landlord has notice of the abandonment. If the tenancy is from
month to month or week to week, the term of the rental agreement for this
purpose shall be deemed to be a month or a week, as the case may be.
D. After the landlord has retaken possession of the dwelling unit,
the landlord may store the tenant's personal possessions in the unoccupied
dwelling unit that was abandoned by the tenant, in any other available
unit or any storage space owned by the landlord or off the premises if
a dwelling unit or storage space is not available. The landlord shall notify
the tenant of the location of the personal property in the same manner
prescribed in subsection A of this section.
E. The landlord shall hold the tenant's personal property for a
period of ten days after the landlord's declaration of abandonment. The
landlord shall use reasonable care in holding the tenant's personal property.
If the landlord holds the property for this period and the tenant makes
no reasonable effort to recover it, the landlord may sell the property,
retain the proceeds and apply them toward the tenant's outstanding rent
or other costs which are covered in the lease agreement or otherwise provided
for in title 33, chapter 10 or title 12, chapter 8 and have been incurred
by the landlord due to the tenant's abandonment. Any excess proceeds shall
be mailed to the tenant at the tenant's last known address. A tenant does
not have any right of access to that property until the actual removal
and storage costs have been paid in full, except that the tenant may obtain
clothing and the tools, apparatus and books of a trade or profession and
any identification or financial documents, including all those related
to the tenant's immigration status, employment status, public assistance
or medical care. If provided by a written rental agreement, the landlord
may destroy or otherwise dispose of some or all of the property if the
landlord reasonably determines that the value of the property is so low
that the cost of moving, storage and conducting a public sale exceeds the
amount that would be realized from the sale.
F. For a period of twelve months after the sale the landlord shall:
1. Keep adequate records of the outstanding and unpaid rent and
the sale of the tenant's personal property.
2. Hold any excess proceeds which have been returned as undeliverable
for the benefit of the tenant.
G. If the tenant notifies the landlord in writing on or before the
date the landlord sells or otherwise disposes of the personal property
that the tenant intends to remove the personal property from the dwelling
unit or the place of safekeeping, the tenant has five days to reclaim the
personal property. To reclaim the personal property the tenant must only
pay the landlord for the cost of removal and storage for the period the
tenant's personal property remained in the landlord's safekeeping.
H. In this section "abandonment" means either the absence of the
tenant from the dwelling unit, without notice to the landlord for at least
seven days, if rent for the dwelling unit is outstanding and unpaid for
ten days and there is no reasonable evidence other than the presence of
the tenant's personal property that the tenant is occupying the residence
or the absence of the tenant for at least five days, if the rent for the
dwelling unit is outstanding and unpaid for five days and none of the tenant's
personal property is in the dwelling unit. Title 33, Chap. 10, §33-1370
Acceptance of partial payments
A. A landlord is not required to accept a partial payment of rent
or other charges. A landlord accepting a partial payment of rent or other
charges retains the right to proceed against a tenant only if the tenant
agrees in a contemporaneous writing to the terms and conditions of the
partial payment with regard to continuation of the tenancy. The written
agreement shall contain a date on which the balance of the rent is due.
The landlord may proceed as provided in article 4 of this chapter and in
title 12, chapter 8 against a tenant in breach of this agreement or any
other breach of the original rental agreement. If the landlord has provided
the tenant with a notice of failure to pay rent as specified in section
33-1368, subsection B
