In this chapter: 1. 'Dwelling unit' means a structure or the part of a structure that is used as a home, residence, or sleeping place by one or more persons. 2. 'Landlord' means the owner, lessor, or sublessor of a dwelling unit, or a person authorized to manage the premises or to receive rent from a tenant under a rental agreement. 3. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. 4. 'Rental agreement' means all agreements, written or oral, embodying the terms and conditions concerning the use and occupancy of a dwelling unit. 5. 'Premises' means a dwelling unit and the structure of which it is a part, including facilities and appurtenances, and grounds, areas, and facilities held out for the use of tenants. 6. 'Rent' means payments to be made to the landlord under the rental agreement. 7. 'Good faith' means honesty in fact in the conduct of the transaction concerned.
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.
A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. In the absence of agreement, 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. Rent is uniformly apportionable from day to day. Unless the rental agreement fixes a definite term, the tenancy is month-to-month.
A rental agreement shall not provide that the tenant: 1. Waives or foregoes rights or remedies under this chapter. 2. Authorizes a person to confess judgment on a claim arising out of the rental agreement. 3. Agrees to pay the landlord's attorney fees. 4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability. A provision prohibited by this section is void. If a landlord deliberately uses a rental agreement containing provisions known to be prohibited, the tenant may recover actual damages.
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and the landlord's duty to maintain fit premises. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages sustained.
The landlord shall: 1. Comply with the requirements of applicable building and housing 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 supplied or required to be supplied by the landlord. 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 frequent removal. 6. Supply running water and reasonable amounts of hot water at all times and reasonable heat.
A landlord may not demand or receive a security deposit in excess of one month's periodic rent, except that if a tenant has a pet the landlord may require an additional pet deposit not to exceed the greater of two hundred fifty dollars or one month's periodic rent, up to a maximum of two thousand five hundred dollars. If a tenant has a felony conviction, the landlord may require up to two months' rent as a security deposit. Upon termination of the tenancy, property or money held by the landlord as prepaid rent or a security deposit may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance. The landlord shall return any remaining security deposit with an itemized written statement of deductions within thirty days after the tenant has vacated.
All money paid to the landlord by the tenant as a security deposit shall be deposited in an interest-bearing account in a federally insured financial institution. The interest shall accrue to the benefit of the tenant. Upon return of the security deposit, the landlord shall pay to the tenant the interest accrued during the tenancy.
If a landlord fails to return the security deposit or provide an itemized statement within thirty days, the tenant may recover the property and money due, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorney fees.
Before a tenant occupies a dwelling unit, the landlord shall provide the tenant with a written checklist identifying the condition of the premises, including any existing damage. Both the landlord and the tenant shall sign the checklist. The checklist constitutes prima facie evidence of the condition of the premises at the commencement of the tenancy.
The landlord or any person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: 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 notices and demands. This information shall be kept current.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit to inspect, make necessary or agreed repairs, supply services, or exhibit the unit to prospective purchasers, tenants, or contractors. The landlord may enter without consent in case of emergency. Except in emergencies, the landlord shall give the tenant reasonable notice before entering and enter only at reasonable times. The landlord shall not abuse the right of access or use it to harass the tenant.
The tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable building and housing codes materially affecting health and safety. 2. Keep the dwelling unit as clean and safe as the condition of the premises permits. 3. Dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in a clean and safe manner. 4. Keep all plumbing fixtures in the dwelling unit 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. 6. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so. 7. Conduct themselves and require other persons on the premises with their consent to conduct themselves in a manner that will not disturb their neighbors' peaceful enjoyment of the premises.
A landlord may adopt rules and regulations concerning the use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if: 1. Its purpose is to promote the convenience, safety, or welfare of the tenants. 2. It is reasonably related to the purpose for which it is adopted. 3. It applies to all tenants fairly. 4. It is sufficiently explicit to fairly inform the tenant of required conduct. 5. The tenant has notice of it at the time of entering into the rental agreement. A rule adopted after the tenant enters into the rental agreement is enforceable only if the tenant is given adequate notice of its adoption and it does not constitute a substantial modification of the rental agreement.
If the landlord fails to maintain the premises in habitable condition as required and the reasonable cost of compliance is less than the monthly rent, the tenant may notify the landlord in writing of the tenant's intention to correct the condition. If the landlord fails to comply within a reasonable time, the tenant may cause the work to be done by a licensed contractor in a workmanlike manner and deduct from the rent the actual and reasonable cost not exceeding the monthly rent. The tenant may not exercise this right more than once in any twelve-month period.
If the landlord deliberately or negligently fails to supply running water, hot water, or heat, or other essential services, the tenant may give written notice specifying the breach. If the landlord fails to remedy the breach within a reasonable time, the tenant may: 1. Procure reasonable amounts of the services during the period of landlord's noncompliance and deduct their actual and reasonable cost from rent. 2. Recover damages based on the diminution in fair rental value of the dwelling unit. 3. Procure reasonable substitute housing during the period of landlord's noncompliance and be excused from paying rent for that period.
If there is a material noncompliance by the landlord with the rental agreement or the landlord's duty to maintain fit premises, the tenant may deliver a written notice to the landlord specifying the breach and that the rental agreement will terminate on a date not less than thirty days after receipt of the notice if the breach is not remedied within that period. The rental agreement will not terminate if the landlord adequately remedies the breach before the date specified in the notice. The tenant may not terminate for a condition caused by the deliberate or negligent act of the tenant.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three months' periodic rent or treble the actual damages, whichever is greater.
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: 1. Immediately vacate the premises and notify the landlord in writing within fourteen days of the tenant's 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, 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.
Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or noncompliance with the tenant's obligations that materially affects health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate not less than thirty days after receipt of the notice if the breach is not remedied within thirty days. If substantially the same act or omission recurs within six months after the tenant remedied the breach, the landlord may terminate the rental agreement upon three days' written notice.
If rent is unpaid when due and the tenant fails to pay within three days after written notice by the landlord of nonpayment and the landlord's intention to terminate if rent is not paid within that period, the landlord may terminate the rental agreement.
If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to re-rent the unit at a fair rental value. If the landlord re-rents the unit, the tenant is liable for any rent lost during the period between abandonment and re-renting, plus reasonable costs of re-renting. The landlord may retain the security deposit and apply it toward accrued rent and damages.
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting essential services, except in case of abandonment, surrender, or as permitted in this chapter. Self-help eviction is prohibited.
A. The landlord or tenant may terminate a month-to-month tenancy by written notice given at least thirty days prior to the periodic rental date specified in the notice. B. For a month-to-month tenancy, the landlord may change the terms of the lease to take effect at the expiration of the month upon giving notice in writing at least thirty days before the expiration of the month. C. If the tenant remains in possession without the landlord's consent after expiration or termination of the rental agreement, the landlord may bring an action for possession and recover actual damages.
A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety. 2. The tenant has complained to the landlord of a violation of the landlord's duty to maintain fit premises. 3. The tenant has organized or become a member of a tenant's organization. If the landlord acts in violation of this section, the tenant is entitled to the remedies for unlawful ouster and has a defense in any action for possession. Evidence of a complaint within ninety days prior to the alleged retaliation creates a rebuttable presumption of retaliation.
Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit 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 after written notice to the tenant of the conveyance. The landlord remains liable for any security deposit held until transferred to the purchaser with written notice to the tenant.
Every tenant who receives notice of any proceeding to recover the real property occupied by the tenant, or who receives notice of any other proceeding that would affect the tenant's right to possession, shall immediately notify the landlord. The tenant shall be responsible to the landlord for all damages the landlord may sustain by reason of any omission by the tenant to inform the landlord.
If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in the rental agreement, rent abates until possession is delivered and the tenant may: 1. Upon at least five days' written notice to the landlord, terminate the rental agreement, whereupon the landlord shall return all prepaid rent and security deposit. 2. Demand performance of the rental agreement by the landlord and maintain an action for possession and recover damages sustained.
If the court finds a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. If unconscionability is put in issue, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement.
All liens of a landlord on the property of a tenant, whether created by contract or arising by operation of law, are abolished except as otherwise specifically provided by law.
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.
A rental agreement may not permit the receipt of rent free of the obligation to maintain the premises in a fit and habitable condition. Any provision purporting to waive the landlord's duty to maintain the premises is void and unenforceable.
A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: 1. Residence at an institution, public or private, if incidental to detention or provision of medical, geriatric, educational, counseling, religious, or similar service. 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 the purchaser's 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 or motel. 5. Occupancy by an employee of a landlord 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.
The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. An aggrieved party has a duty to mitigate damages. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
A landlord may bring an eviction action in the following circumstances: 1. When the tenant continues in possession after expiration of the rental agreement without the landlord's consent. 2. When the tenant fails to pay rent when due and three days have elapsed after written notice requiring payment or possession. 3. When the tenant violates a material provision of the rental agreement and thirty days have elapsed after written notice specifying the violation without remedy. 4. When the tenant uses the premises for an illegal purpose. 5. When the tenant subleases without the landlord's consent when required. 6. When the tenant assigns the lease without the landlord's consent when required. 7. When the tenant substantially damages the premises. 8. When the tenant continues to engage in conduct that materially disturbs other tenants after written notice.
Before commencing an eviction action for nonpayment of rent, the landlord must serve the tenant with written notice demanding payment within three days or vacating the premises. For lease violations, the landlord must serve written notice allowing thirty days to remedy the violation. The notice must be served personally or by conspicuous posting on the main entrance of the premises and mailing to the tenant's last known address. If the tenant does not vacate or remedy after proper notice, the landlord may file an eviction complaint in district court.
After filing the eviction complaint, the court shall schedule a hearing between three and fifteen days from the date of service of the summons. If the court finds in favor of the landlord, the tenant will be ordered to vacate the premises on the day of the hearing unless the tenant can show hardship, in which case the court may grant up to five additional days. An eviction order may be executed by the sheriff.
In an eviction action, the tenant may raise as a defense: 1. Payment of all rent due before the hearing. 2. The landlord's failure to maintain the premises in a fit and habitable condition. 3. Retaliatory eviction as provided in section 47-16-23. 4. Waiver by the landlord of the right to evict. The court may not order an eviction if the landlord violated section 47-10-28 (fair housing). In a second or subsequent eviction proceeding, the tenant may only raise violations that arose after a prior order between the parties was entered.
The state legislature determines that the regulation of rents on private residential housing units is a matter of statewide concern. No political subdivision of the state may enact, maintain, or enforce any ordinance or resolution that would control rents on private residential property.
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