5 Day Notice of Default - Breach Involving Danger to Health or Safety for Residential from Landlord to Tenant
Title 33, Chap. 10, §33-1368: 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, §33-1313: 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.
