2. "Deposit" includes any money...required by a landlord as a securtiy and which is to be returned...upon termination of the rental agreement...;
4. "Good faith" neans honesty in fact in the conduct of the transaction concerned;
5. "Landlord" means the owner, lessor or sublessor ... and it also means the manager of the premises who fails to comply with the disclosure provisions of this act;
10. "Rent" means all payments, except deposits and damages to be paid to the landlord ...;
11. "Rental agreement" means all agreements and valid rules and regulations ... which establish ... the terms and conditions concerning the use and occupancy of a dweeeling unit and premises;
14. "Tenant" means any person entitled under a rental agreement to occupy a dwelling unit.
1. Residence Halls, jails, prisons, almost any type on
institutionalized setting;
2. Fraternities and/or sororities;
3. Hotels and motels;
4. Farms.
A. Without a rental agreement (lease), occupants must still pay rent at the "fair rental value" of the dwelling.
B. Unless otherwise stated, rents are due on the first of the month.
SECTION 110. without a lease, tenancy is week-to-week for boarders and month-to-month "in all other cases."
SECTION 131. The landlord may sue for rent anytime after the rent is due but not paid. The lease may be terminated if the tenant fails to pay within five (5) days of receiving a written demand for payment and no further notice is necessary.
1. Without a lease, the landlord or tenant may quit tenancy
at any time by giving the other written notice of at least
thirty (30) days from the date the notice is served. This
should be done by certified mail so that there is a record of
the date of receipt.
In the cases of boarders the notification period is seven
(7) days.
2. If there is a lease, tenancy ends on the termination date
written in the lease.
If the tenant refuses to leave after termination of the
lease, the landlord can sue and may win back up to twice the
monthly rent.
If you stay after the lease expires, it is considered a
"month-to-month" tenancy.
3. If the lease is broken prior to the termination date without justified cause, the obligations of the lease become due at the time of the lease being broken/terminated.
1. All damage/security deposits must be kept in an escrow account by the landlord.
2. When the lease is terminated, any security deposits may be used to pay the balance of rents due or for repairs to the dwelling BUT there must be an itemized statement of what is kept and for what the amount is kept delivered to the tenant by mail (return receipt requested mail).
3. The balance of the deposit(s) must be returned within 30 days of the termination date of lease or termination of tenancy BUT only if the tenant sends a written demand for the return of the deposit(s). If the tenant fails to demand, in writing, the return of the deposit within six (6) months, the deposit becomes the landlord's money.
SECTION 117. At the commencement of the term (lease) a landlord shall deliver full possession of the premises to the tenant in compliance with the rental agreement ...;
SECTION 120. If the dwelling is not available on the date specified in the lease, rent is not due until it is and the tenant may terminate the lease by giving written notice to the landlord and all deposits must be returned.
SECTION 123. If wrongfully kept from taking possession of the dwelling, the tenant may recover possession by taking the landlord to court and may recover not more than two times the average monthly rental or twice the actual damages, whichever is greater.
1. The landlord must:
A. "...keep all common areas of his building, grounds
facilities and appurtenances in a clean, safe and sanitary
condition;" (Sec.118.A.1)
B. Make all repairs and do whatever is necessary to keep
the unit in good condition.
C. Take care of the "electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other
facilities ... supplied ... by him." (Sec.118.A.3.)
D. Make sure trash bins are available.
E. Supply running water and reasonable amounts of hot
water at all times and reasonable heat.
2. If the landlord fails to comply, the tenant may give written notice to the landlord of the problems he/she has with the unit and of the intention to vacate the premises within thirty (30) days if the matter(s) is not corrected within fourteen (14) days. (Sec.121.A.)
3. The tenant may make repairs to the property and deduct an amount up to one hundred dollars ($100.00) from the rent BUT before the tenant can do this he/she must notify the landlord in writing of the intention to do the repairs if the landlord fails to within fourteen (14) days. If the landlord doesn't make the repairs within 14 days, the tenant may, after submitting to the landlord and itemized statement of the repairs, deduct up to $100.00 of the actual costs of the repairs from the rent. (Sec.121.B.)
4. If the landlord fails to supply heat, water, electricity,
and/or gas or other essential service, the tenant may give
written notice to the landlord of the problem and then he/she
may:
A. Give written notice of immediately terminating the
lease.
B. Acquire such service and deduct the cost from the rent.
C. After giving written notice, get alternative housing
and not be required to pay rent to the original landlord during
that time. (Sec.121.C.1-4.)
5. SECTION 125. Any defective condition of the premises which comes to the tenant's attention, and which the tenant has reason to believe is unknown to the landlord, shall be reported by the tenant to the landlord as soon as practicable.
6. The tenant must:
A. Keep the unit safe, clean and sanitary.
B. Take out the trash and other wastes in a sanitary
manner.
C. Use the facilities, appliances, services and utilities
in a safe and nondestructive manner.
D. Not destroy, deface, damage or remove any part of the
unit nor allow a pet or guest to do so.
E. Maintain peace and not disturb other tenants.
F. Comply with the terms of the lease.
7. If the tenant fails to comply with the lease by failing to
clean or repair items required by the landlord, the landlord
may notify the tenant in writing of the intention to have
repairs done and, if the tenant doesn't make the repairs within
14 days after being notified, the cost of the repairs may be
charged to the tenant. If the landlord takes this route, he
may not terminate the lease. (Sec.132.A.)
If the landlord chooses, he may give written notice that
if repairs or cleaning are not done in fourteen (14) days then
the lease will be terminated at the end of a thirty (30) day
period. If the work is not done within that time period, the
lease will be terminated. If the work is done, the lease shall
not be terminated. (Sec.132.B.)