Questions and Answers
What does the term 'abandon' refer to in this context?
What constitutes a 'dwelling unit'?
What is the time frame for notice considered to have been made when using certified mail?
What constitutes actual notice of a fact for a person involved in a rental agreement?
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Under what condition can a landlord deny a request for an emotional support animal?
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What must supporting information from a health care practitioner include when requested by the landlord?
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What type of information can a landlord consider reliable in determining a tenant's need for an emotional support animal?
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If a tenant wants to keep multiple emotional support animals, what is required?
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Which of the following actions is prohibited by a rental agreement?
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Which of these statements accurately describes the impact of an unsigned rental agreement?
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Under which condition can a party provide an email address in a rental agreement?
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Which of the following is NOT true regarding the authority of a landlord to adopt rules?
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When a manager of a premises terminates their management, what impact does it have on their liability?
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What type of notice must a landlord provide to be relieved of liability after transferring premises to a bona fide purchaser?
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What is the responsibility of a tenant if they anticipate being absent from the premises for more than 7 days?
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What happens if a tenant fails to notify the landlord of an absence of 7 days or more?
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What is true regarding the enforcement of rights and obligations under this chapter?
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What can be done if a claim or right arising under this chapter is disputed in good faith?
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Which of the following provisions is unenforceable in a rental agreement?
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What can a tenant do if the landlord purposefully fails to provide essential services?
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What is the tenant's remedy if the landlord fails to comply with the rental agreement and the compliance cost is less than one month's rent?
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If a tenant procures substitute housing due to the landlord's noncompliance, what happens to their rent obligations?
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Which of the following is a tenant's option if the landlord negligently fails to provide essential services?
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What is the notice period required for a tenant who has unauthorized persons residing in the rental unit?
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Under what condition does a landlord NOT terminate the rental agreement due to noncompliance?
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What is the minimum notice period a landlord must give to terminate the rental agreement for noncompliance not involving an unauthorized pet or person?
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If a tenant verbally abuses the landlord, how much notice must the landlord provide before terminating the rental agreement?
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What action can a landlord take if substantially similar noncompliance occurs within 6 months after previous notice was given?
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What action must the landlord take if the tenant abandons the dwelling unit?
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How quickly must a hearing for possession be held after the tenant's appearance if the rental agreement is terminated due to noncompliance with 70-24-321(3)?
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If a landlord's claim for possession is granted, when must the writ of assistance be executed by the sheriff?
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Which of the following options allows the landlord to take possession of the dwelling unit without following legal procedures?
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What is the time frame for holding a hearing for damages for any breach of the rental agreement after the claim of possession has been adjudicated?
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What happens if a tenant fails to remedy a breach affecting health and safety within 14 days after written notice?
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What should a landlord do if the tenant refuses to allow lawful access to the property?
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Under what condition can a landlord recover actual damages from a tenant?
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What must a landlord do if a tenant has noncompliance not affecting health and safety and fails to remedy it after a 14-day notice?
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What action may NOT be taken by a landlord in retaliation for a tenant's complaint about health and safety violations?
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Under what circumstance does the rebuttable presumption of retaliation NOT arise?
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Which of the following scenarios does NOT allow a landlord to bring an action for possession?
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Which option is true regarding a landlord's actions if a tenant organizes a tenant's union?
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What must be done to calculate rent during a tenancy termination?
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What action is NOT prohibited by a landlord if a tenant has filed a complaint?
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What is the minimum notice period a landlord must provide to a mobile home owner before appearing before local government to request a change of use?
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If a landlord receives all necessary permits for a change of use, how long must they provide written notice of termination of tenancy?
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What is the notice period for a mobile home tenant failing to pay rent after three violations within a 12-month period?
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What is the maximum number of notices that can be included in the calculation of notices given within a year for the same violation? (Regarding Mobile Homes)
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Under which circumstance is a landlord permitted to terminate the rental agreement with a 90-day notice?
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What is the notice period applicable for a tenant's disorderly conduct that disturbs others?
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How many days' notice must a landlord provide for two violations of the same rule within a 6-month period?
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For repeated late payment of rent within a 12-month period, what notice period applies for termination?
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What condition allows for a 180-day notice period due to a change in land use?
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Study Notes
Definitions Relevant to Rental Agreements
- "Abandon" refers to giving up possession of premises unless the landlord does not accept it.
- "Action" encompasses various legal proceedings to determine rights, including recoupment and counterclaims.
- "Actual and reasonable cost" covers both actual and estimated expense amounts incurred for services and labor.
- "Case of emergency" includes urgent situations beyond a tenant's control requiring immediate action for safety or protection of premises.
- "Dwelling unit" describes a structure used as a home, which can include mobile homes in parks.
- "Good faith" signifies honesty in transaction conduct.
- "Guest" is defined as a temporary visitor, typically for no more than 7 days without landlord consent for an extension.
Roles and Responsibilities
- "Landlord" includes the owner of the dwelling or authorized representatives managing or leasing the premises.
- "Owner" denotes one or more individuals who hold legal title or beneficial ownership of the property.
- "Tenant" defines a person authorized under a rental agreement to occupy a dwelling unit.
Property and Usage Concepts
- "Premises" represents the dwelling unit, its structure, and associated facilities available for tenant use.
- "Rent" encapsulates all payments due to the landlord per the rental agreement, excluding security deposits.
- "Roomer" applies to an occupant of a dwelling unit without specific facilities, sharing common amenities provided by the landlord.
Legal and Exclusion Clauses
- "Unauthorized person or trespasser" refers to individuals who remain unlawfully after being asked to leave or violate specific legal provisions.
- Exclusions from the chapter include housing in institutions, transient occupancy, and agreements primarily for commercial purposes.
- Nature of occupancy arrangements that do not fall under this chapter include those involving educational institutions, fraternal organizations, or conditional employment-related occupancy.
Supplementary Legal Principles
- Legal principles such as mutual obligations, real property laws, and concepts of equity augment the chapter’s provisions unless specifically overridden.
Notice Requirements
- A person has notice if they possess actual knowledge of a fact or it's delivered to the place of business relevant to a landlord.
- Notice can be transmitted to an electronic mail address provided in rental agreements and is deemed complete upon receiving a read receipt or non-automated reply.
- A landlord/tenant can also receive notice in hand or mailed with a certificate of mailing, with the effect of notice occurring three days after mailing if certified.
Organizational Notice
- For organizations, notice is effective when it reaches the individual handling the transaction or when it would have been recognized through reasonable diligence.
General Principles
- Chapter 70-24 regulates rights and obligations within rental agreements for dwellings in the state.
- Every duty and condition precedent under this chapter mandates an obligation of good faith in its execution and enforcement.
Firearm Regulations
- Landlords cannot prevent tenants or their guests from possessing legal firearms on the premises.
- Discharge of firearms on premises can only be prohibited except in self-defense situations.
Unauthorized Persons and Trespassers
- Unauthorized individuals lack legal rights to occupy or enter premises and may be removed immediately by law enforcement.
- Authorization to occupy must be proven via written rental agreements, or verbal/written permission from landlords or tenants.
- Verbal authorization must be verified by the appropriate entity or individual to be considered valid.
Emotional Support Animal Regulations
- Tenants with disabilities may request emotional support animals (ESAs) as reasonable accommodations in housing.
- Landlords can deny requests if the ESA poses direct threats to safety, health, or property that cannot be mitigated through other accommodations.
- If a tenant's need for an ESA is not obvious, landlords may request supporting documentation, including:
- Information from a healthcare practitioner with knowledge of the tenant's disability, specifying the therapeutic support provided by the animal.
- Reliable information from other sources in line with the Fair Housing Act (FHAA) and related regulations.
- Landlords can require proof of compliance with local and state licensing and vaccination requirements for ESAs.
- Documentation for multiple ESAs must be requested individually by the landlord.
- Landlords cannot request sensitive information about a tenant's diagnosis or medical records but tenants can voluntarily disclose such information.
- After receiving necessary information, landlords must provide a written determination regarding ESA requests.
- ESA registrations (cards, certificates, patches) are insufficient alone to prove a tenant's disability-related need for an ESA.
- Tenants are liable for any damages caused by their ESAs to property or individuals.
- Healthcare practitioners may face disciplinary actions for violations related to the provision of ESA documentation.
- The regulations do not cover service animals defined separately under federal law.
Rental Agreement Terms
- Rental agreements may include various terms as long as they comply with applicable laws.
- Rent payment is determined by the landlord and should be sent to the designated address.
- Rent can be structured on a monthly basis or based on a shorter term (weekly, etc.), with an option for daily apportionment.
- If a rental agreement is terminated without cause before its expiration, the affected party may claim monetary damages up to one month's rent or as specified in the agreement.
- Landlords retain the right to collect rent up to the end of the rental period, even if tenants fail to pay.
Rental Agreement Provisions
- Parties cannot waive or forego rights/remedies as per the rental chapter.
- Confession of judgment authorizations in relation to claims from rental agreements are prohibited.
- Exculpation or limitation of liability due to purposeful misconduct or negligence cannot be agreed upon.
- Tenants are not required to provide an electronic mail address to enter into an agreement, but may do so voluntarily if a provision allows for electronic notice.
Rental Obligations and Conditions
- Rental agreements must not allow for receipt of rent without obligations to comply with property maintenance requirements.
- If an unsigned rental agreement exists and rent is accepted without reservation, it is treated as if signed by the landlord for a duration of one year.
- For tenants, if they occupy premises and pay rent without a signed agreement, it is treated as if signed for a maximum of one year.
Tenancy Extensions
- If an extension period is not specified in the lease, tenancy automatically transitions to month-to-month unless a 30-day termination notice is provided by either party.
Landlord Disclosure Responsibilities
- Landlords or authorized agents must disclose the name and address of the responsible person managing the premises before the tenancy starts.
- This disclosure must be kept current and applies to all successors in ownership or management.
- Failure to comply with disclosure requirements results in assuming the role of agent for service of process and landlord obligations.
Possession and Maintenance Duties
- At the beginning of the term, landlords must deliver possession of the premises to tenants as per the rental agreement.
- Accepting rent from someone intended to occupy the premises implies consent for that person to possess the property, establishing a landlord-tenant relationship.
Landlord Maintenance Duties
- Landlords must adhere to building codes affecting health and safety for properties constructed after July 1, 1977.
- Responsibilities include making repairs, maintaining a fit and habitable condition, ensuring common areas are clean and safe, and keeping all facilities, including plumbing and HVAC systems, in good working order.
- Landlords must supply running water, hot water, and reasonable heating during applicable months.
- Approved smoke and carbon monoxide detectors must be installed and maintained in each dwelling unit, with the landlord verifying their functionality at the start of the rental agreement.
Tenant Maintenance Agreements
- Tenants can perform specified landlord duties only if agreed in writing, ensuring that agreements do not evade landlord responsibilities and do not affect obligations towards other tenants.
- Landlords hold no liability for damages resulting from non-functional smoke or carbon monoxide detectors as specified by law.
General Note on Liability
- The landlord is not liable for damages due to failure of required safety detectors, marking a specific limitation of liability.
Transfer of Premises and Liability Relief
- A landlord who sells property containing a rental unit is relieved from liability after providing written notice of the sale to the tenant.
- Landlords remain liable for recoverable security deposits and prepaid rent post-transfer.
- A property manager also gains relief from liability upon written notice to the tenant of management termination.
Tenant's Rights Regarding Possession
- Tenants must not transfer possession or sublet without written consent from the landlord.
- This restriction applies during the original tenancy term.
Landlord's Authority to Adopt Rules
- Landlords can adopt rules related to tenant use if they ensure:
- Purpose promotes tenant welfare or property maintenance.
- Rules are fair and apply to all tenants equally.
- Clarity in prohibitions or directives for compliance.
- Not intended to evade landlord obligations.
- Tenants are informed of rules at agreement signing or when rules are established.
- Rules must be documented in writing and provided to current and incoming tenants.
- Rules that significantly modify existing agreements require prior notice (7 days for weekly tenants, 30 days for monthly tenants).
Access to Premises
- Tenants cannot unreasonably deny landlords access for inspections, repairs, or to show property.
- Landlords can enter without consent in emergencies.
- A minimum of 24 hours’ notice is required for non-emergency access, announced at reasonable times.
- Landlord access must not be abused or used for harassment.
- Tenants cannot alter locks without landlord permission and must provide keys if changes are made.
Tenant Maintenance Responsibilities
- Tenants must adhere to health and safety laws, maintain cleanliness, and dispose of waste properly.
- All plumbing fixtures should be kept clean, and appliances should be used reasonably.
- Tenants must not disrupt neighbors or engage in illegal activities on the premises.
- Destruction or damage of property is prohibited.
Criminal Mischief in Rental Properties
- Tenants committing criminal mischief through property damage over 1,000facefinesupto1,000 face fines up to 1,000facefinesupto1,000 or up to six months imprisonment.
- Convicted individuals must make restitution as determined by the court.
- Prosecution does not waive tenants' rights or remove obligations under housing law.
Tenant Responsibilities and Notifications
- Tenants must use the dwelling unit solely as a residence, unless otherwise agreed.
- Tenants are required to notify landlords in writing of an expected absence exceeding 7 days.
Landlord Access and Tenant Rights
- Landlords may enter the premises only after 7 days of the tenant's absence.
Remedies for Aggrieved Parties
- Aggrieved parties can recover damages and have a duty to mitigate losses.
- Claims or rights under rental agreements can be settled by mutual agreement if disputed in good faith.
Prohibited Provisions in Rental Agreements
- Provisions found to be prohibited are unenforceable.
- If prohibited provisions are deliberately included, the aggrieved party can recover damages up to three months' periodic rent.
Unconscionability in Rental Agreements
- Courts can refuse to enforce unconscionable rental agreements, ensuring that no party is unfairly burdened.
- Evidence regarding the context and impact of the agreement must be presented if unconscionability is contested.
Landlord's Failure to Deliver Possession
- If a landlord fails to deliver possession of the unit as per the agreement, rent is abated until the issue is rectified.
- Tenants can terminate the agreement with 5 days' notice or demand performance, potentially pursuing legal action for trespassing.
Landlord's Maintenance Obligations
- Tenants can notify landlords of health and safety violations, allowing for termination of the rental agreement if unresolved within specified timeframes.
- In emergencies, landlords must remedy issues within 3 working days to avoid rental termination.
Additional Tenant Rights
- Tenants may conduct necessary repairs costing up to one month's rent and deduct those costs from their rent after prior notice to the landlord.
- Tenants are entitled to recover actual damages and seek injunctive relief for landlord noncompliance with rental agreements.
Tenant Rights and Remedies
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If a landlord fails to comply with the rental agreement and the cost of compliance is under one month's rent, the tenant can recover damages as per specified regulations.
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Landlords are obligated to provide essential services (heat, water, electricity) as stipulated in the rental agreement. A purposeful or negligent failure to do so allows tenants to issue written notice specifying the breach.
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Tenants have several options if essential services are not provided:
- Obtain necessary services and deduct the cost from rent.
- Recover damages based on the reduced fair rental value of the property.
- Find alternative housing and cease paying rent during the landlord's noncompliance.
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Tenant rights regarding noncompliance do not apply if the issue was caused by the tenant or their household.
Damage to Property
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If a dwelling is damaged by fire or other casualty, impacting enjoyment:
- Tenants may vacate immediately and notify the landlord within 14 days to terminate the rental agreement.
- If they can lawfully stay, rent liability is reduced based on the portion of the unit rendered unusable.
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The rights to terminate upon damage do not apply if the damage was caused by the tenant's actions.
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Upon termination due to damage, landlords must return all recoverable security and any prepaid rent.
Unlawful Entry and Ouster
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Landlords making unlawful or unreasonable entries can cause tenants to seek injunctive relief or terminate the rental agreement, along with recovering actual damages.
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Tenants unlawfully evicted or whose services are purposely diminished (like water or heat) can:
- Recover possession of the premises.
- Terminate the rental agreement and claim damages up to a maximum of three months' rent or treble damages, whichever amount is higher.
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In case of termination, landlords must return all recoverable security and prepaid rent.
Nonpayment of Rent Actions
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In cases of eviction for nonpayment, tenants can counterclaim for amounts recoverable under the rental agreement, and may need to pay into court a portion of rent accrued.
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Courts will review claims and can release funds to either party as agreed or justified.
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If no rent is due post-review, the tenant must be granted judgment in possession cases.
Tenant Noncompliance and Landlord Actions
- A landlord can issue a written notice for tenant noncompliance regarding the rental agreement or violations of regulations.
- The notice must specify the noncompliance acts and state a termination date for the rental agreement, which cannot be less than the minimum notice period required.
- If the noncompliance can be resolved through repairs or damages and the tenant remedies it before the notice date, the rental agreement remains intact.
Notice Periods for Specific Noncompliance
- Unauthorized pet or person residing: 3 days' notice required.
- General noncompliance not specified above: 14 days' notice required.
- Recurrence of the same noncompliance within 6 months allows the landlord to terminate with 5 days' notice.
Other Grounds for Termination
- Verbal abuse of the landlord by the tenant invokes a 3 days' written notice for termination.
- Unpaid rent must be addressed within 3 days after written notice by the landlord; failure leads to termination.
- Any damage or violation of property rights (destruction, defacement, etc.) results in a 3 days' notice for termination.
- Creating a situation that risks damages or injuries on the premises also incurs a 3 days' notice for termination.
Damages and Recovery
- Landlords can recover actual damages for tenant noncompliance.
- If noncompliance is purposeful, landlords can claim treble damages, except in cases of tenants terminating the tenancy early.
- Landlords may opt to use a 30-day notice for termination instead of following specific provisions outlined.
Summary of Key Procedures
- Written notice required for all noncompliance issues, detailing the specific violation and a defined timeframe for resolution or termination.
- Landlords have specified rights under different types of noncompliance situations, governed by notice periods and potential recovery of damages.
Tenant Responsibilities
- Noncompliance with 70-24-321, affecting health and safety, may lead to landlords repairing issues after a written 14-day notice fails to prompt tenant action.
- Landlords can charge for repairs as rent if tenants fail to respond promptly in emergencies or within specified timeframes.
Access and Notices
- Acceptance of partial rent payments does not waive landlords' rights.
- If tenants deny lawful access, landlords can issue a 24-hour notice to correct issues, followed by a 3-day termination notice if the tenant does not comply.
- Same procedures apply for failure to provide keys.
Abandonment and Absences
- Tenants must notify landlords of extended absences over 7 days; failure allows landlords to recover actual damages.
- Landlords may enter units during tenant absences exceeding 7 days to perform necessary maintenance.
- If tenants abandon units, landlords must attempt to re-rent at fair value or consider the rental agreement terminated based on abandonment.
Actions After Termination
- Upon termination of the rental agreement, landlords can claim for possession, unpaid rent, and damages for any breaches.
- Court hearings for possession claims must occur within 10 business days, but only 5 days for cases involving health and safety noncompliance (70-24-321(3)).
- For appeals, district court hearings follow the same expedited timelines as initial claims.
Landlord Limits and Enforcement
- Landlords must not reclaim possession through service disruption or without legal justification, except in confirmed abandonment or surrender cases.
- Landlords can recover significant holdover payments from tenants who overstay their rental term without consent.
Disposition of Abandoned Property
- If a tenancy ends by court order, personal property is deemed abandoned; landlords can dispose of hazardous or valueless items after a 48-hour confirmation period.
- Landlords must carefully inventory and store valuable items, notify tenants for removal, and provide a 10-day deadline.
- Failure to respond within 7 days after receiving removal notice results in property being considered abandoned.
- Landlords may dispose of residual sale proceeds, using them to cover operational costs, while a remittance must be sent to tenants for any remaining amounts.
Additional Considerations
- Storage fees may apply to tenants wishing to reclaim property, including removal costs to storage facilities.
- Landlords are not liable for storage losses unless caused by negligence or intentional actions.
Retaliatory Conduct by Landlords
- Landlords are prohibited from retaliating against tenants by raising rent, reducing services, or threatening eviction after a tenant:
- Complains about health and safety violations to a government agency.
- Submits a written complaint of violations to the landlord.
- Joins or organizes a tenant's union.
- If retaliation occurs, tenants have remedies available under section 70-24-411 and can defend against eviction actions.
- Complaints made within 6 months prior to alleged retaliation create a rebuttable presumption of retaliatory intent from the landlord.
- Presumption of retaliation is not valid if the tenant complained after being notified of a rent increase or service reduction.
- Landlords can still initiate eviction if:
- The tenant or their family caused the health and safety violation.
- The tenant is in rent default.
- Compliance with codes requires significant changes affecting the tenant’s use of the dwelling.
Termination by Landlord or Tenant
- Week-to-week tenancies can be terminated by either party with a written notice at least 7 days before the desired termination date.
- Month-to-month tenancies require a 30-day written notice for termination.
- Tenancies end on the specified date of notice, irrespective of the usual rent payment cycle.
- Rent is considered apportioned daily unless agreed otherwise.
Attorney Fees and Costs
- In disputes arising from rental agreements, the prevailing party is entitled to reasonable attorney fees and costs, regardless of any contrary agreement.
- The "prevailing party" is defined as the party that wins the final judgment in a case.
Grounds for Termination of Rental Agreement
- Landlords can terminate rental agreements for tenant noncompliance by delivering a written notice that specifies the acts or omissions.
- Notice periods for terminations vary based on the type of noncompliance and are outlined in specific subsections.
Nonpayment of Rent
- Nonpayment of rent or related fees requires a notice period of 7 days.
- For late payments occurring three or more times in a year, the final notice period for termination is 30 days after written notice of each failure.
Rule Violations
- Noncompliance with rules not affecting health and safety has a notice period of 14 days.
- Violations creating an immediate threat to health and safety necessitate a notice period of just 24 hours.
Additional Violations
- Two or more violations of the same rule within a 6-month period lead to a final notice period of 30 days if previous notices were given.
- Any disorderly conduct that disrupts peaceful enjoyment of the premises results in a 7-day notice period.
Legal Violations
- A conviction of a landlord or tenant for laws affecting health and safety requires a 14-day notice period.
Change of Use of Premises
- Changing land use necessitates a 180-day notice period to tenants.
- Landlords must notify tenants 15 days prior to requesting local government permits for change of use.
- Following permit approval, a 6-month notice of tenancy termination is required.
Remedial Actions
- If tenants remedy noncompliance via repairs or payment before the specified date in the notice, the rental agreement does not terminate.
Notices Calculation
- When calculating the number of notices within a 12-month period, only one notice can be included for each violation per month.
Legitimate Business Reasons
- Termination for legitimate business reasons that aren't already covered requires a minimum written notice of 90 days.
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