5 Day Notice to Pay Rent or Lease Terminates - Residential
Title 5-12, §5-12-130 -- Landlord remedies.
Every landlord shall have the remedies
specified in this section for the following circumstances:
a. Failure to Pay Rent. If all or
any portion of rent is unpaid when due and the tenant fails to pay the
unpaid rent within five days after written notice by the landlord
of his intention to terminate the rental agreement if rent is not so paid,
the landlord may terminate the rental agreement. Nothing in this subsection
shall affect a landlord's obligation to provide notice of termination of
tenancy in subsidized housing as required under federal law or regulations.
A landlord may also maintain an action for rent and/or damages without
terminating the rental agreement.
b. Noncompliance by Tenant. If there is
material
noncompliance by a tenant with a rental agreement or with Section 5-12-040,
the landlord of such tenant's dwelling unit may deliver written notice
to the tenant specifying the acts and/or omissions constituting the breach
and that the rental agreement will terminate upon a date not less than
10
days after receipt of the notice, unless the breach is remedied by
the tenant within that period of time. If the breach is not remedied
with the 10-day period, the residential rental agreement shall terminate
as provided in the notice. The landlord may recover damages and obtain
injunctive relief for any material noncompliance by the tenant with the
rental agreement or with Section 5-12-040. If the tenant's compliance is
willful, the landlord may also recover reasonable attorney's fees.
c. Failure to Maintain. If there
is material noncompliance by the tenant with Section 5-12-040 (other than
subsection (g) thereof), and the tenant fails to comply as promptly as
conditions permit in case of emergency or in cases other than emergencies
within 14 days of receipt of 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 have the necessary
work done in the manner required by law. The landlord shall be entitled
to reimbursement from the tenant of the costs of repair under this section.
d. Disturbance of Others. If the tenant
violates Section 5-12-040(g) within 60 days after receipt of a written
notice as provided in subsection (b), the landlord may obtain injunctive
relief against the conduct constituting the violation, or may terminate
the rental agreement on 10 days written notice to the tenant.
e. Abandonment. Abandonment of the dwelling
unit shall be deemed to have occurred when:
1. Actual notice has been provided to the
landlord by the tenant indicating the tenant's intention not to return
to the dwelling unit; or
2. All persons entitled under a rental agreement
to occupy the dwelling unit have been absent from the unit for a period
of 21 days or for one rental period when the rental agreement is for less
than a month, and such persons have removed their personal property from
the premises, and rent for that period is unpaid; or
3. All persons entitled under a rental agreement
to occupy the dwelling unit have been absent from the unit for a period
of 32 days, and rent for that period is unpaid. Notwithstanding the
above, abandonment of the dwelling unit shall not be deemed to have occurred
if any person entitled to occupancy has provided the landlord a written
notice indicating that he still intends to occupy the unit and makes full
payment of all amounts due to the landlord.
If the tenant abandons
the dwelling unit, the landlord shall make a good faith effort to re-rent
it at a fair rental, which shall be the rent charged for comparable dwelling
units in the premises or in the same neighborhood. If the landlord succeeds
in re-renting the dwelling unit at a fair rental, the tenant shall be liable
for the amount by which the rent due from the date of abandonment to the
termination of the initial rental agreement. If the landlord makes a good
faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful,
the tenant shall be liable for the rent due for the period of the rental
agreement. The tenant shall also be liable for the reasonable advertising
expenses and reasonable redecoration costs incurred by the landlord pursuant
to this subsection.
f. Disposition of Abandoned Property. If
the tenant abandons the dwelling unit as described in subsection (e) hereof,
or fails to remove his personal property from the premises after termination
of a rental agreement, the landlord shall leave the property in the dwelling
unit or remove and store all abandoned property from the dwelling unit
and may dispose of the property after seven days. Notwithstanding
the foregoing, if the landlord reasonably believes such abandoned property
to be valueless or of such little value that the cost of storage would
exceed the amount that would be realized from the sale, or if such property
is subject to spoilage, the landlord may immediately dispose of such property.
g. Waiver of Landlord's Right to Terminate.
If the landlord accepts the rent due knowing that there is a default in
payment of rent by the tenant he thereby waives his right to terminate
the rental agreement for that breach.
h. Remedy After Termination. If the rental
agreement is terminated, the landlord shall have a claim for possession
and/or for rent.
i.Notice or Renewal of Rental Agreement.
No tenant shall be required to renew a rental agreement more than 90 days
prior to the termination date of the rental agreement. If the landlord
violates this subsection, the tenant shall recover one month's rent or
actual damages, whichever is greater.
j. Notice or Refusal to Renew Rental Agreement.
Provided that the landlord has not exercised, or is not in the process
of exercising, any of its rights under Section 5-12-130(a)-(h) hereof,
the landlord shall notify the tenant in writing at least 30 days prior
to the stated termination date of the rental agreement of the landlord's
intent either to terminate a month to month tenancy or not to renew an
existing rental agreement. If the landlord fails to give the required
written notice, the tenant may remain in the dwelling unit for up to 60
days after the date on which such required written notice is given to the
tenant, regardless of the termination date specified in the existing rental
agreement. During such occupancy, the terms and conditions of the tenancy
(including, without limitation, the rental rate) shall be the same as the
terms and conditions during the month of tenancy immediately preceding
the notice; provided, however, that if rent was waived or abated in the
preceding month or months as part of the original rental agreement, the
rental amount during such 60-day period shall be at the rate established
on the last date that a full rent payment was made.
