*Landlord/ Tenant Law*
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Questions and Answers

What does the term 'abandon' refer to in this context?

  • To inform the landlord of one's intention to vacate
  • To give up possession of the premises (correct)
  • To legally transfer rental rights to another party
  • To give up possession of part of the premises

    • What constitutes a 'dwelling unit'?

  • A structure used as a home, by an individual or a common household (correct)
  • An apartment complex owned by a landlord
  • Any commercial property rented by a business
  • A mobile home that is owned but not rented

    • What is the time frame for notice considered to have been made when using certified mail?

  • 1 day after mailing
  • Immediately upon mailing
  • 3 days after mailing (correct)
  • 7 days after mailing

    • What constitutes actual notice of a fact for a person involved in a rental agreement?

    <p>Having concrete knowledge of the fact</p> Signup and view all the answers

    What must supporting information from a health care practitioner include when requested by the landlord?

    <p>Effective date, license number, and type of professional license</p> Signup and view all the answers

    If a tenant wants to keep multiple emotional support animals, what is required?

    <p>A letter from a health care practitioner addressing each animal and the need for multiple</p> Signup and view all the answers

    Which of the following actions is prohibited by a rental agreement?

    <p>Waiving rights under the rental agreement</p> Signup and view all the answers

    Which of these statements accurately describes the impact of an unsigned rental agreement?

    <p>Acceptance of rent without reservation gives it the same effect as being signed by the landlord.</p> Signup and view all the answers

    Under which condition can a party provide an email address in a rental agreement?

    <p>The agreement must have a provision allowing email communication.</p> Signup and view all the answers

    Which of the following is NOT true regarding the authority of a landlord to adopt rules?

    <p>Landlords can impose rules without notifying tenants.</p> Signup and view all the answers

    When a manager of a premises terminates their management, what impact does it have on their liability?

    <p>The manager is relieved of liability after 5 day notice requirement is met.</p> Signup and view all the answers

    What is the responsibility of a tenant if they anticipate being absent from the premises for more than 7 days?

    <p>Notify the landlord in writing before the absence.</p> Signup and view all the answers

    What happens if a tenant fails to notify the landlord of an absence of 7 days or more?

    <p>The landlord can enter the premises after the 7 day period has passed.</p> Signup and view all the answers

    What can be done if a claim or right arising under this chapter is disputed in good faith?

    <p>It may be settled by agreement.</p> Signup and view all the answers

    What can a tenant do if the landlord purposefully fails to provide essential services?

    <p>Procure essential services and deduct the cost from rent, after proper notice.</p> Signup and view all the answers

    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?

    <p>The tenant may recover damages for the breach.</p> Signup and view all the answers

    If a tenant procures substitute housing due to the landlord's noncompliance, what happens to their rent obligations?

    <p>They are excused from paying rent for that period.</p> Signup and view all the answers

    Which of the following is a tenant's option if the landlord negligently fails to provide essential services?

    <p>To recover damages for the decrease in fair rental value.</p> Signup and view all the answers

    What is the notice period required for a tenant who has unauthorized persons residing in the rental unit?

    <p>3 days to correct or quit</p> Signup and view all the answers

    Under what condition does a landlord NOT terminate the rental agreement due to noncompliance?

    <p>If the tenant remedies the noncompliance adequately</p> Signup and view all the answers

    What is the minimum notice period a landlord must give to terminate the rental agreement for noncompliance not involving an unauthorized pet or person?

    <p>14 days</p> Signup and view all the answers

    If a tenant verbally abuses the landlord, how much notice must the landlord provide before terminating the rental agreement?

    <p>3 days</p> Signup and view all the answers

    What action can a landlord take if substantially similar noncompliance occurs within 6 months after previous notice was given?

    <p>Terminate the rental agreement with at least 5 days' notice</p> Signup and view all the answers

    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) Gangs or drugs?

    <p>Within 5 business days.</p> Signup and view all the answers

    If a landlord's claim for possession is granted, when must the writ of assistance be executed by the sheriff?

    <p>Within 5 business days of receipt.</p> Signup and view all the answers

    Which of the following options allows the landlord to take possession of the dwelling unit without following legal procedures?

    <p>Abandonment by the tenant.</p> Signup and view all the answers

    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?

    <p>45 days.</p> Signup and view all the answers

    What happens if a tenant fails to remedy a breach affecting health and safety within 14 days after written notice?

    <p>The landlord can enter the dwelling and perform repairs.</p> Signup and view all the answers

    What should a landlord do if the tenant refuses to allow lawful access to the property?

    <p>Issue a 24-hour notice to correct the situation.</p> Signup and view all the answers

    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?

    <p>Enter the unit to perform necessary work and bill the tenants.</p> Signup and view all the answers

    What action may NOT be taken by a landlord in retaliation for a tenant's complaint about health and safety violations?

    <p>All of the above</p> Signup and view all the answers

    Which of the following scenarios does NOT allow a landlord to bring an action for possession?

    <p>The tenant made a complaint about a code violation</p> Signup and view all the answers

    Which option is true regarding a landlord's actions if a tenant organizes a tenant's union?

    <p>The landlord is prohibited from retaliating against the tenant</p> Signup and view all the answers

    What must be done to calculate rent during a tenancy termination?

    <p>Apportion uniformly from day to day.</p> Signup and view all the answers

    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?

    <p>15 days</p> Signup and view all the answers

    If a landlord receives all necessary permits for a change of use, how long must they provide written notice of termination of tenancy?

    <p>6 months</p> Signup and view all the answers

    What is the notice period for a mobile home tenant failing to pay rent after three violations within a 12-month period?

    <p>30 days</p> Signup and view all the answers

    What is the maximum number of notices that can be included in the calculation of notices given within a year for the same violation? (Mobile Home Parks)

    <p>One notice per violation per month</p> Signup and view all the answers

    Under which circumstance is a landlord permitted to terminate the rental agreement with a 90-day notice? (Mobile Home Parks)

    <p>For legitimate business reasons</p> Signup and view all the answers

    What is the notice period applicable for a tenant's conduct creates an immediate threat to others? (Mobile Home Parks)

    <p>24 hours</p> Signup and view all the answers

    How many days' notice must a landlord provide for two violations of the same rule within a 6-month period? (Mobile Home Park)

    <p>30 days</p> Signup and view all the answers

    For 3 or more late payments of rent within a 12-month period, what notice period applies for termination? ( Mobile Home Parks)

    <p>30 days</p> Signup and view all the answers

    What condition allows for a 180-day notice period due to a change in land use? (Mobile Home Parks)

    <p>If the requirements of specific subsections are met</p> Signup and view all the answers

    Which of the following arrangements is governed by the chapter?

    <p>Occupancy under a contract of sale if the occupant is a tenant.</p> Signup and view all the answers

    What type of occupancy is explicitly excluded from the application of this chapter?

    <p>Occupancy by an employee of a landlord.</p> Signup and view all the answers

    Which principle supplements the provisions of this chapter unless otherwise stated?

    <p>Principles of property law.</p> Signup and view all the answers

    In which circumstance is occupancy not governed by this chapter?

    <p>Occupancy under a rental agreement primarily for agricultural use.</p> Signup and view all the answers

    Which of the following is NOT an exclusion from this chapter?

    <p>Occupancy in a residential dwelling unit.</p> Signup and view all the answers

    What type of occupancy arrangement requires the occupant to have an employment relationship with the landlord?

    <p>Occupancy by an employee of the landlord.</p> Signup and view all the answers

    Which principle is covered under supplementary principles of law relevant to this chapter?

    <p>Principles of real property.</p> Signup and view all the answers

    Which occupancy condition is specifically outlined as exempt from this chapter?

    <p>Contractual occupancy at a medical facility.</p> Signup and view all the answers

    What is the maximum duration for which a rental agreement can be effective if it is given effect by the acceptance of rent without a signed agreement?

    <p>1 year</p> Signup and view all the answers

    Which of the following actions is prohibited in a rental agreement regarding liability?

    <p>Both A and B</p> Signup and view all the answers

    What must a landlord do at the commencement of the tenancy?

    <p>Deliver possession of the premises per the rental agreement</p> Signup and view all the answers

    Under what condition can a party voluntarily provide an electronic mail address in a rental agreement?

    <p>If specified in a provision allowing email communication</p> Signup and view all the answers

    Which information must a landlord disclose to the tenant before the tenancy begins?

    <p>The name and address of the person managing the premises</p> Signup and view all the answers

    If the landlord accepts rent without signing a written agreement, what does this imply?

    <p>The agreement is effective for 1 year</p> Signup and view all the answers

    What happens to the tenancy if a landlord and tenant do not establish a default extension period in their rental agreement?

    <p>The tenancy continues on a month-to-month basis</p> Signup and view all the answers

    What obligation does a rental agreement impose on the landlord regarding the maintenance of the premises?

    <p>The landlord must maintain the premises in accordance with safety codes</p> Signup and view all the answers

    What happens if a party agrees to waive rights or remedies in a rental agreement?

    <p>The waiver is considered null and void</p> Signup and view all the answers

    What liability limitation is NOT permissible in a rental agreement?

    <p>Exculpation of liability for purposeful misconduct</p> Signup and view all the answers

    What type of information is a landlord prohibited from requesting regarding a tenant's disability?

    <p>Diagnosis or severity of the disability</p> Signup and view all the answers

    What must a tenant provide to prove their need for an emotional support animal?

    <p>Documentation stating the need for the animal from a reliable source</p> Signup and view all the answers

    What is the consequence for a tenant if their emotional support animal causes damage?

    <p>Liable for any damage caused by the animal</p> Signup and view all the answers

    Which of the following statements about emotional support animals is true?

    <p>An emotional support animal does not need to be trained or certified.</p> Signup and view all the answers

    What are the valid methods for delivering notice to a tenant under a rental agreement?

    <p>Using certified mail or delivering in hand</p> Signup and view all the answers

    How should rent payments be made if not specified otherwise in the rental agreement?

    <p>At the landlord's address or designated electronic transfer account</p> Signup and view all the answers

    What is the timeframe for a health care practitioner’s relationship with a tenant before providing supporting information to a landlord?

    <p>At least 30 days</p> Signup and view all the answers

    What can a landlord do if a tenant's emotional support animal poses a direct threat?

    <p>Deny the reasonable accommodation request</p> Signup and view all the answers

    What damages may an aggrieved party be entitled to if the rental agreement is terminated without cause?

    <p>Up to one month's rent</p> Signup and view all the answers

    Under what circumstance is verbal authorization considered valid for allowing an unauthorized person on the premises?

    <p>If it is verified by the appropriate individual</p> Signup and view all the answers

    Under what condition may a tenant disclose their disability-related information to a landlord?

    <p>At the tenant's discretion</p> Signup and view all the answers

    What obligation does every duty under rental agreements impose?

    <p>An obligation of good faith</p> Signup and view all the answers

    What is the definition of an emotional support animal?

    <p>An animal that provides emotional, cognitive, or similar support to a disabled individual.</p> Signup and view all the answers

    What is one condition that allows for the removal of an unauthorized person from a premises?

    <p>They cannot produce authorization allowing occupancy</p> Signup and view all the answers

    Which of the following is NOT a valid method of notice delivery to a landlord?

    <p>Sending an anonymous letter</p> Signup and view all the answers

    What is one key difference between an emotional support animal and a service animal?

    <p>Service animals are defined and protected under federal law.</p> Signup and view all the answers

    What information may a landlord request from a tenant regarding an emotional support animal?

    <p>Documentation of need for the animal from a reliable source</p> Signup and view all the answers

    What must supporting documentation for an emotional support animal include?

    <p>License number and effective date from a healthcare practitioner</p> Signup and view all the answers

    What happens if a tenant terminates the rental agreement without cause?

    <p>The aggrieved party may receive monetary damages up to 1 month's rent.</p> Signup and view all the answers

    When does notice received by an organization become effective?

    <p>From the time it is brought to the attention of the individual conducting the transaction</p> Signup and view all the answers

    What must a landlord provide if a tenant requests to keep more than one emotional support animal?

    <p>Information for each animal being requested</p> Signup and view all the answers

    Which of the following is NOT a responsibility of a landlord regarding emotional support animals?

    <p>Keeping a record of all tenant diagnoses</p> Signup and view all the answers

    What must a tenant demonstrate to keep an emotional support animal if the need is not apparent?

    <p>Provide supporting information from a reliable source</p> Signup and view all the answers

    What can be a valid electronic method of providing notice?

    <p>Email sent to the landlord’s provided email address</p> Signup and view all the answers

    How many days after mailing is notice considered effective if sent with a certificate of mailing?

    <p>3 days</p> Signup and view all the answers

    Which of the following statements correctly describes landlord rights regarding firearm possession?

    <p>A landlord cannot prevent tenants from legally possessing firearms</p> Signup and view all the answers

    What actions can a landlord take if a tenant allows unauthorized guests to stay?

    <p>Provide a notice period before taking action</p> Signup and view all the answers

    What is the landlord's duty regarding common areas of the premises?

    <p>Maintain them in a clean and safe condition.</p> Signup and view all the answers

    Which condition allows a tenant to perform specified repairs as agreed with the landlord?

    <p>If the agreement is entered in good faith and documented in writing.</p> Signup and view all the answers

    What must a landlord provide for the removal of waste in the dwelling unit?

    <p>Appropriate receptacles and arrangements for waste removal.</p> Signup and view all the answers

    Under what condition is a landlord NOT liable for damages related to the detectors?

    <p>If the failure was due to a lapse in maintenance by the tenants.</p> Signup and view all the answers

    What is the requirement for running water and heat in the dwelling unit?

    <p>Running water and reasonable heat must be provided at specific times of the year.</p> Signup and view all the answers

    How must a landlord handle responsibilities if they sell the premises?

    <p>They are relieved of liability after providing notice to the tenant.</p> Signup and view all the answers

    What essential maintenance duties does a landlord have?

    <p>Ensure all facilities like plumbing and heating are in good working order.</p> Signup and view all the answers

    What must a landlord verify about smoke and carbon monoxide detectors at the start of a rental agreement?

    <p>They are in good working order.</p> Signup and view all the answers

    Which condition makes a tenant responsible for maintenance obligations?

    <p>A written agreement assigning the landlord's responsibilities to the tenant.</p> Signup and view all the answers

    What should a landlord do if a tenant violates health and safety terms?

    <p>Send a written notice to remedy the breach within 14 days.</p> Signup and view all the answers

    What is a landlord required to do with regard to heating from October 1 to May 1?

    <p>Provide reasonable amounts of heat unless exempted by building codes.</p> Signup and view all the answers

    What is the responsibility of a landlord towards the installation of detectors?

    <p>Install approved carbon monoxide and smoke detectors in all units.</p> Signup and view all the answers

    What is required of landlords if construction on a dwelling unit was completed after July 1, 1977?

    <p>They must comply with current building and housing codes affecting health and safety.</p> Signup and view all the answers

    What happens if a landlord accepts rent after selling the property?

    <p>They give consent to possession of the premises.</p> Signup and view all the answers

    What is required for a tenant to transfer possession of their dwelling unit to a third person?

    <p>The landlord or their agent must consent in writing.</p> Signup and view all the answers

    Which of the following is NOT a requirement for a landlord's rule to be enforceable against a tenant?

    <p>It must be beneficial solely to the landlord.</p> Signup and view all the answers

    In what situation is a landlord permitted to enter a dwelling unit without tenant consent?

    <p>During a declared emergency.</p> Signup and view all the answers

    What is the minimum notice period a landlord must provide before entering a tenant's unit for non-emergency reasons?

    <p>24 hours.</p> Signup and view all the answers

    What condition allows a landlord's rule adopted after a rental agreement to be invalid?

    <p>If it modifies the tenant's agreement substantially without proper notice.</p> Signup and view all the answers

    Which obligation must a tenant fulfill regarding the disposal of waste in their unit?

    <p>Dispose of all waste in a clean and safe manner.</p> Signup and view all the answers

    What must a tenant do if they wish to replace a lock on their dwelling unit?

    <p>Provide the landlord with a key to access the new lock.</p> Signup and view all the answers

    Which of the following obligations does NOT fall under a tenant's responsibility?

    <p>Paying the landlord's property taxes.</p> Signup and view all the answers

    What action can a landlord take if a tenant does not allow them lawful access to the property?

    <p>Seek a court order to gain access.</p> Signup and view all the answers

    What does a landlord need to do if they adopt a new rule that affects the rental agreement after occupancy?

    <p>Provide written notice at least 30 days in advance.</p> Signup and view all the answers

    What is a reason a tenant may not unreasonably withhold consent for the landlord to enter the unit?

    <p>To inspect for necessary repairs.</p> Signup and view all the answers

    Which action is permitted for a tenant concerning maintaining their unit?

    <p>Using the space for daily living and a small home business.</p> Signup and view all the answers

    What happens if a rule adopted by a landlord is vague and does not inform tenants adequately?

    <p>The rule can be considered invalid.</p> Signup and view all the answers

    What may not be a valid reason for a landlord to enter a tenant's unit?

    <p>To check on the tenant's personal belongings.</p> Signup and view all the answers

    What constitutes criminal mischief damage to rental property?

    <p>Knowingly allowing someone else to damage property worth $1,000 or more.</p> Signup and view all the answers

    Which activity is a tenant prohibited from engaging in on the premises?

    <p>Manufacturing illegal drugs as defined by law.</p> Signup and view all the answers

    What is the maximum fine a tenant could face for criminal mischief damage to rental property?

    <p>$1,000</p> Signup and view all the answers

    If a rental agreement contains a prohibited provision, what is its status?

    <p>Unenforceable by either party.</p> Signup and view all the answers

    What must a tenant do if they anticipate being absent from the premises for more than 7 days?

    <p>Notify the landlord in writing.</p> Signup and view all the answers

    What is required of a tenant regarding upkeep of the rental premises?

    <p>The tenant should keep all areas clean and safe.</p> Signup and view all the answers

    What can happen to a tenant convicted of criminal mischief?

    <p>They can be ordered to pay restitution.</p> Signup and view all the answers

    Under what condition can an agreement be reached if a claim or right is disputed?

    <p>If the dispute is settled by mutual agreement.</p> Signup and view all the answers

    What does the landlord's duty to mitigate damages entail?

    <p>Minimizing the costs related to any dispute.</p> Signup and view all the answers

    Which of the following is NOT a condition under which a tenant could face criminal charges?

    <p>Engaging in lawful business activities.</p> Signup and view all the answers

    Which option best describes a tenant's obligation concerning hazardous materials?

    <p>They are prohibited from possessing them without consent.</p> Signup and view all the answers

    What action should a landlord take if prohibited provisions are found in a rental agreement?

    <p>Consider the agreement unenforceable.</p> Signup and view all the answers

    What must a landlord do if a tenant's activities create a potential risk to others?

    <p>Provide a formal notice to vacate immediately.</p> Signup and view all the answers

    What happens to the rights of the landlord if a tenant violates the rental agreement?

    <p>The landlord can choose to terminate the agreement upon notice.</p> Signup and view all the answers

    What action can a tenant take if the landlord fails to deliver possession of the dwelling unit?

    <p>Terminate the rental agreement with 5 days' notice</p> Signup and view all the answers

    What is the consequence if a rental agreement is found to have unconscionable provisions?

    <p>The aggrieved party may recover up to 3 months' rent</p> Signup and view all the answers

    What must a tenant do to terminate a rental agreement due to a landlord's noncompliance affecting health and safety?

    <p>Deliver a written notice to the landlord and allow 14 days to remedy</p> Signup and view all the answers

    What can a tenant do if the landlord unlawfully removes them from the property?

    <p>Recover possession of the property or terminate the rental agreement</p> Signup and view all the answers

    What is the maximum amount a tenant can recover for unlawful actions by the landlord?

    <p>Not more than 3 months' periodic rent or treble damages, whichever is greater</p> Signup and view all the answers

    Under what condition can a tenant not terminate their rental agreement for a breach by the landlord?

    <p>If the breach resulted from a family member's actions</p> Signup and view all the answers

    What notice period is required if a tenant has an unauthorized pet?

    <p>3 days</p> Signup and view all the answers

    What remedy is available to a tenant if the landlord has not made necessary repairs and the costs are less than one month's rent?

    <p>Pay for repairs and deduct the cost from their rent</p> Signup and view all the answers

    What happens if a landlord adequately remedies a breach after receiving written notice for a health and safety issue?

    <p>The agreement does not terminate due to that breach</p> Signup and view all the answers

    If a tenant creates a potential risk of damage to the premises, what is the landlord's recourse?

    <p>Issue a 3 days' written notice to vacate</p> Signup and view all the answers

    Which action can a tenant take if a landlord fails to maintain the premises affecting health and safety?

    <p>Give written notice and terminate the agreement if not remedied</p> Signup and view all the answers

    What is a landlord's action if a tenant's noncompliance involves verbal abuse?

    <p>Give a 3 days' written notice for termination</p> Signup and view all the answers

    If a tenant experiences recurring noncompliance by the landlord, how much notice is needed to terminate the agreement?

    <p>14 days' notice</p> Signup and view all the answers

    If a tenant fails to pay their rent after a written notice, what happens next?

    <p>The landlord can terminate the agreement and evict the tenant</p> Signup and view all the answers

    For a recurring noncompliance within 6 months, what is the required notice period for termination?

    <p>5 days</p> Signup and view all the answers

    What should a tenant expect regarding their rent if the landlord fails to deliver possession?

    <p>The rent abates until possession is delivered</p> Signup and view all the answers

    What must be included in the evidence presented regarding the rental agreement if unconscionability is challenged?

    <p>Evidence of the setting, purpose, and effect of the agreement</p> Signup and view all the answers

    What must a landlord do if they accept full payment of rent while another breach of the rental agreement exists?

    <p>Waive the right to terminate for the claimed breach</p> Signup and view all the answers

    What is the primary condition for the landlord not to terminate the rental agreement for tenant's noncompliance?

    <p>If the noncompliance is remediable by repairs or payment</p> Signup and view all the answers

    What is the maximum amount a party may recover if the landlord fails to deliver possession in bad faith?

    <p>3 months' periodic rent</p> Signup and view all the answers

    What damages may a landlord recover if the tenant's noncompliance is purposeful?

    <p>Treble damages</p> Signup and view all the answers

    What must a landlord do if they receive notice from a tenant regarding a breach of the rental agreement affecting health and safety?

    <p>Remedy the breach within 14 days of receiving the notice</p> Signup and view all the answers

    What must a landlord specify when delivering a notice of noncompliance to a tenant?

    <p>The acts and omissions constituting the noncompliance</p> Signup and view all the answers

    When may a tenant NOT terminate the rental agreement due to noncompliance by the landlord?

    <p>If the condition was caused by the tenant's actions</p> Signup and view all the answers

    What is the implication if the landlord uses a 30-day notice for termination of tenancy?

    <p>This section does not bind the landlord</p> Signup and view all the answers

    What can a landlord do if a tenant is in noncompliance and fails to remedy within the notice period?

    <p>Terminate the rental agreement and require the tenant to vacate</p> Signup and view all the answers

    What recourse does a tenant have if the landlord purposefully fails to provide essential services?

    <p>The tenant can procure essential services and deduct costs from rent.</p> Signup and view all the answers

    What must a tenant do before exercising remedies for a landlord's noncompliance regarding essential services?

    <p>Provide written notice and allow the landlord a chance to correct the issue.</p> Signup and view all the answers

    If a tenant vacates a premises due to fire or casualty damage, what must they do to terminate the rental agreement?

    <p>Notify the landlord in writing within 14 days after vacating.</p> Signup and view all the answers

    What kind of damages may a tenant recover if they are unlawfully ousted from their premises?

    <p>Treble damages or up to three months' periodic rent.</p> Signup and view all the answers

    In the case of fire or casualty damage, what happens to the tenant's rent obligations?

    <p>The rent is reduced in proportion to the diminished fair rental value.</p> Signup and view all the answers

    What recourse does a tenant have if they feel the landlord's entries onto the property are harassing?

    <p>Obtain injunctive relief to prevent future occurrences.</p> Signup and view all the answers

    Under what condition can a tenant not claim remedies for essential service interruptions?

    <p>If the interruption results from the tenant's own actions.</p> Signup and view all the answers

    If a landlord unlawfully excludes a tenant from their rented premises, what must the landlord do upon termination of the agreement?

    <p>Return all recoverable security and prepaid rent.</p> Signup and view all the answers

    Which action can a tenant take in a counterclaim during a legal action for nonpayment of rent?

    <p>Counterclaim for any amount recoverable under the rental agreement.</p> Signup and view all the answers

    What occurs if a tenant remedies a breach affecting health and safety within 14 days after written notice?

    <p>The tenant avoids penalties related to that breach.</p> Signup and view all the answers

    When may a landlord lawfully enter a tenant's dwelling without prior notice?

    <p>In case of an emergency.</p> Signup and view all the answers

    What action can a tenant take if they experience unlawful entry by the landlord?

    <p>Obtain monetary damages as redress.</p> Signup and view all the answers

    What is required from a tenant before they can reduce their rent due to uninhabitable living conditions?

    <p>Written notice to the landlord specifying the issue.</p> Signup and view all the answers

    If the dwelling unit is substantially impaired by fire or casualty, what can the tenant do aside from vacating?

    <p>Vacate part of the unit that is unusable and reduce rent.</p> Signup and view all the answers

    Which condition negates a tenant's ability to recover damages for noncompliance?

    <p>The tenant caused the conditions leading to noncompliance.</p> Signup and view all the answers

    What are the consequences if a tenant abandons the dwelling unit?

    <p>The landlord must make reasonable efforts to rent it at a fair rental.</p> Signup and view all the answers

    What must the landlord do if a claim for possession is granted?

    <p>Issue a writ of assistance immediately to be executed by the sheriff.</p> Signup and view all the answers

    How soon must an action for possession be heard after the tenant's appearance or answer?

    <p>Within 10 business days.</p> Signup and view all the answers

    What is the maximum amount a landlord can recover for a purposeful holdover if the rental term is longer than month-to-month and terminated for cause?

    <p>Three months' periodic rent or treble damages.</p> Signup and view all the answers

    What happens to personal property left by the tenant after a tenancy terminates by court order?

    <p>The personal property is considered abandoned, and the landlord may dispose of it immediately.</p> Signup and view all the answers

    In the case of abandonment for reasons other than court order, how long must the landlord wait before disposing of personal property?

    <p>48 hours.</p> Signup and view all the answers

    What is the time frame required for filing an answer in an action for possession?

    <p>5 business days after service.</p> Signup and view all the answers

    What is the required timeframe for the court to rule on an action for possession after a hearing?

    <p>Within 5 business days.</p> Signup and view all the answers

    What happens if a tenant remains without the landlord's consent after the termination of a longer than month-to-month rental agreement?

    <p>The landlord may bring an action for possession.</p> Signup and view all the answers

    Under what condition can the landlord take action for unlawful holdover?

    <p>If the tenant remains without consent after termination.</p> Signup and view all the answers

    What defines an item as 'hazardous' when a landlord disposes of abandoned property?

    <p>Any item potentially or actually flammable or a biohazard.</p> Signup and view all the answers

    What can the landlord charge if they store abandoned personal property for the tenant?

    <p>A reasonable storage and labor charge.</p> Signup and view all the answers

    What is the waiting period before the landlord can dispose of personal property that is clearly labeled 'rent to own'?

    <p>A confirmation from the lessor is required.</p> Signup and view all the answers

    In the context of court proceedings for possession, what must happen if an action is appealed to the district court?

    <p>The hearing must be held within 10 business days after the case is transmitted.</p> Signup and view all the answers

    What is the consequence if a tenant fails to allow lawful access to the property?

    <p>The landlord may issue a 24-hour notice to correct or seek injunctive relief.</p> Signup and view all the answers

    Under what condition can a landlord submit repair costs as rent?

    <p>If the tenant fails to maintain the dwelling affecting health and safety.</p> Signup and view all the answers

    What notice must a landlord give if a tenant removes or changes locks without providing a key?

    <p>A 24-hour notice to correct or seek injunctive relief.</p> Signup and view all the answers

    What action can a landlord take if a tenant abandons the dwelling unit?

    <p>The landlord may recover actual damages and attempt to rent it at a fair rental.</p> Signup and view all the answers

    What is the time frame for a landlord's hearing if the rental agreement is terminated due to noncompliance?

    <p>5 business days after the tenant's appearance.</p> Signup and view all the answers

    What happens if a tenant does not rectify a breach affecting health and safety within the specified time limit?

    <p>The landlord may enter the premises and complete the repairs.</p> Signup and view all the answers

    What constitutes a waiver of a landlord's rights concerning partial rent payments?

    <p>Acceptance of partial payment does not constitute a waiver.</p> Signup and view all the answers

    What is the time frame for a landlord to hear a damages claim after a breach of the rental agreement?

    <p>Within 45 days after adjudicating the claim of possession.</p> Signup and view all the answers

    Which of the following actions is NOT permitted by a landlord after a rental agreement is terminated?

    <p>Taking possession of the unit without legal procedures.</p> Signup and view all the answers

    What notice is given if a tenant fails to maintain the property affecting the health and safety conditions?

    <p>A 14-day written notice to comply.</p> Signup and view all the answers

    How long does a landlord have to act after issuing a 3-day notice for termination of the rental agreement if the issue is not remedied?

    <p>Within 10 days after the notice expires.</p> Signup and view all the answers

    What is the landlord's remedy if they fail to use reasonable efforts to rent an abandoned unit?

    <p>The rental agreement is terminated as of the date they become aware of the abandonment.</p> Signup and view all the answers

    What must the landlord do if a tenant does not comply with the requirement to notify the landlord of an anticipated absence?

    <p>They may recover actual damages from the tenant.</p> Signup and view all the answers

    What is the maximum time frame a sheriff has to execute a writ of assistance after it is received?

    <p>Within 5 business days after receipt.</p> Signup and view all the answers

    What must a landlord do before disposing of a tenant's property after removal to storage?

    <p>Send a written notice to the last-known address.</p> Signup and view all the answers

    What happens if the tenant fails to remove their property within 7 days of notifying the landlord?

    <p>The property is conclusively presumed abandoned.</p> Signup and view all the answers

    Under what condition can a landlord destroy a tenant's abandoned property?

    <p>If the property is perishable or hazardous.</p> Signup and view all the answers

    What should a landlord do with the proceeds from the sale of abandoned property?

    <p>Deposit it with the county treasurer if the tenant cannot be found.</p> Signup and view all the answers

    What constitutes 'reasonable storage costs' for a landlord?

    <p>Costs that are allowed for keeping the property in safekeeping.</p> Signup and view all the answers

    What type of mail must the landlord use to notify the tenant about property disposal?

    <p>Certified mail or notice with a certificate of mailing.</p> Signup and view all the answers

    For which type of property may a landlord only discard with confirmation from the lessor?

    <p>Rent to own items.</p> Signup and view all the answers

    What must a tenant do within 10 days of receiving notice about their abandoned property?

    <p>Respond in writing if they intend to remove the property.</p> Signup and view all the answers

    What is the landlord's liability concerning stored property?

    <p>Not responsible for losses unless negligent.</p> Signup and view all the answers

    Under the retaliation laws, which action is prohibited by a landlord?

    <p>Increasing rent after a tenant complaint.</p> Signup and view all the answers

    What must the landlord include in notifications upon termination of the lease?

    <p>Terms of the section in plain language.</p> Signup and view all the answers

    What is a rebuttable presumption in the context of retaliatory actions?

    <p>A claim that can be proven false with evidence.</p> Signup and view all the answers

    Which type of personal property is NOT included when a landlord disposes of abandoned items?

    <p>Irreplaceable items like jewelry.</p> Signup and view all the answers

    What is the legal consequence if a landlord increases rent after a tenant complaint regarding health and safety?

    <p>The tenant gains defenses in retaliatory actions.</p> Signup and view all the answers

    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.
    • "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.
    • 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

    • 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.

    • 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.

    • 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.

    • Tenant rights regarding noncompliance do not apply if the issue was caused by the tenant or their household.

    Damage to Property

    • 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.

    • The rights to terminate upon damage do not apply if the damage was caused by the tenant's actions.

    • Upon termination due to damage, landlords must return all recoverable security and any prepaid rent.

    Unlawful Entry and Ouster

    • Landlords making unlawful or unreasonable entries can cause tenants to seek injunctive relief or terminate the rental agreement, along with recovering actual damages.

    • 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.

    • In case of termination, landlords must return all recoverable security and prepaid rent.

    Nonpayment of Rent Actions

    • 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.

    • Courts will review claims and can release funds to either party as agreed or justified.

    • 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.
    • 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.

    ### Landlord and Tenant Rights and Responsibilities

    • Exclusions from Chapter 70-24
      • Residences at public or private institutions
      • Occupancy under a contract of sale
      • Occupancy by a member of a fraternal or social organization
      • Transient occupancy in a hotel or motel
      • Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative
      • Occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes
      • Occupancy by an employee of a landlord
      • Occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges, along with the use of the dwelling unit.
    • Supplementary Principles of Law
      • Unless displaced by the provisions of this chapter, the principles of law and equity supplement its provisions.
    • Territorial Application of Chapter 70-24
      • Chapter 70-24 applies to dwelling units located within Montana.
    • Types of Notice
      • Actual knowledge of a fact
      • Delivered at the place of business of the landlord
      • Transmitted to an electronic mail address
      • Delivered in hand to the landlord or tenant
    • Obligation of Good Faith
      • Every duty under this chapter imposes an obligation of good faith in its performance or enforcement.
    • Landlord Firearm Prohibition
      • A landlord may not prevent a tenant from possessing a firearm on the premises if the tenant is legally allowed to possess the firearm.
      • A landlord may prohibit the discharge of a firearm on the premises except in self-defense.
    • Unauthorized Persons and Trespassers
      • An unauthorized person or trespasser has no legal right to occupy, enter, or trespass on a premises.
      • A person who cannot produce authorization allowing the person to occupy a premises is an unauthorized person or trespasser.
      • Authorization includes:
        • A written rental agreement
        • Written or verbal authorization from the landlord
        • Written or verbal authorization from a tenant if the person is a guest of the tenant.
    • Emotional Support Animals
      • A tenant with a disability may request and be approved by a landlord to keep an emotional support animal as a reasonable accommodation in housing.
      • A landlord may deny a reasonable accommodation request if the animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property.
      • A landlord may request supporting information that reasonably supports the tenant’s need for the particular emotional support animal, such as information from a health care practitioner, if the tenant’s disability-related need for an emotional support animal is not readily apparent.
      • A landlord may require proof of compliance with state and local licensure and vaccination requirements for each emotional support animal..
      • A tenant with a disability-related need for an emotional support animal is liable for any damage done to the premises or to another person on the premises by the tenant's emotional support animal.
    • Rental Agreement Terms and Conditions
      • A landlord and a tenant may include terms and conditions not prohibited by law.
      • Unless the rental agreement provides otherwise, rent is payable at the landlord's address, periodic rent is payable at the beginning of a term of a month or less, rent is apportionable from day to day, and the tenancy is week-to-week for roomers paying weekly rent and month-to-month in all other cases.
    • Prohibited Provisions in Rental Agreements
      • A rental agreement may not provide that a party:
        • Waives or forgoes rights or remedies under this chapter.
        • Authorizes any person to confess judgment on a claim arising out of the rental agreement.
        • Agrees to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence.
        • Must provide an electronic mail address as a condition of entering into the agreement.
    • Effect of Unsigned or Undelivered Rental Agreement
      • If the landlord or tenant does not sign and deliver a written rental agreement, acceptance of rent or possession of the premises by the other party gives the rental agreement the same effect as if it had been signed and delivered.
      • If a rental agreement is given effect by this section and it provides for a term longer than 1 year, it is effective for only 1 year.
    • Extension of Written Rental Agreements
      • If the landlord and tenant fail to establish a default extension period for the lease and neither party gives a 30-day written notice to the other to terminate the tenancy before the rental agreement's original termination date, the tenancy continues on a month-to-month basis.
    • Landlord's Duty to Disclose Information
      • At or before the commencement of the tenancy, a landlord or person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing the name and address of the person authorized to manage the premises, and of the owner of the premises.
    • **Landlord's Duty to Deliver Possession **
      • At the commencement of the term, a landlord shall deliver possession of the premises to the tenant.
    • Landlord's Duty to Maintain Premises
      • A landlord must comply with applicable building and housing codes materially affecting health and safety.
      • A landlord must make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, unless it is the tenant’s responsibility to maintain the dwelling unit.
      • A landlord must keep all common areas of the premises in a clean and safe condition.
      • A landlord must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators.
      • Unless otherwise provided, the landlord must provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste.
      • A landlord must supply running water and reasonable amounts of hot water, and reasonable heat between October 1 and May 1.
      • A landlord must install an approved carbon monoxide detector and an approved smoke detector in each dwelling unit under the landlord's control.

    Landlord Responsibilities

    • Landlord shall verify that the carbon monoxide and smoke detectors in the dwelling unit are in good working order upon commencement of a rental agreement.
    • Landlord shall deliver possession of the premises at the commencement of the rental agreement.
    • Accepting rent or deposit is considered to give consent to possession.
    • Landlord must make repairs and do whatever is necessary to have fit and habitable conditions.
    • Landlord must maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.
    • Landlord shall provide appropriate receptacles for garbage.
    • Landlord shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1
    • Landlord shall install in each dwelling unit under the landlord's control an approved carbon monoxide detector.

    Tenant Responsibilities

    • Tenant shall maintain the carbon monoxide detector and the smoke detector in good working order during the tenant's rental period.
    • Tenant shall comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety.
    • Tenant shall keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits
    • Tenant shall dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner.
    • Tenant shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits
    • Tenant shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises
    • Tenant shall conduct oneself and require other persons on the premises with the tenant's consent to conduct themselves in a manner, that will not disturb the tenant's neighbors' peaceful enjoyment of the premises
    • Tenant shall use the parts of the premises, including the living room, bedroom, kitchen, bathroom, and dining room, in a reasonable manner, considering the purposes for which they were designed and intended.
    • Tenant must notify the landlord in writing of absence of 7 days or more.

    Landlord and Tenant Agreements

    • Landlord and tenant may agree in writing that the tenant perform the landlord's duties and specified repairs, maintenance tasks, alteration, and remodeling but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord
    • Landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if the agreement is in good faith, set forth in a separate writing, signed by the parties, and supported by adequate consideration.
    • Landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector or the smoke detector.

    Emergency Responsibilities

    • Landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.

    Other Key Considerations

    • If the duty imposed by subsections (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(g), a landlord's duty must be determined by reference to subsection (1)(a).
    • A manager who conveys, in a good faith sale to a bona fide purchaser, premises that include a dwelling unit subject to a rental agreement is relieved of liability under the rental agreement. The landlord remains liable to the tenant for all security recoverable by the tenant pursuant to Title 70, chapter 25, and all prepaid rent.
    • A manager of premises that include a dwelling unit is relieved of liability under the rental agreement after written notice to the tenant of the termination of management.
    • A tenant who vacates a dwelling unit during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing
    • A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
    • A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.
    • A tenant has notice if the landlord conspicuously posts to enter on the main entry door of the dwelling unit.
    • Landlord may enter when the tenant has abandoned or surrendered.
    • A tenant may not remove, replace, or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If removed, replaced, or added, the landlord must be provided with a way to enter.

    Tenant Rights

    • A tenant may terminate the rental agreement if the landlord fails to deliver possession of the dwelling unit to the tenant upon at least 5 days' written notice to the landlord.
    • A tenant may demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.

    Landlord Rights

    • A landlord may adopt a rule concerning the tenant's use and occupancy of the premises.
    • A rule is enforceable against the tenant if:
      • its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
      • it is reasonably related to the purpose for which it is adopted;
      • it applies to all occupants in the premises in a fair manner;
      • it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;
      • it is not for the purpose of evading the obligations of the landlord; and
      • the tenant has notice of it at the time that the tenant enters into the rental agreement or when it is adopted.

    Tenant Obligations

    • A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.
    • A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured.

    Criminal Offenses

    • A tenant commits the offense of criminal mischief damage to rental property if the tenant purposely or knowingly destroys, defaces, damages, impairs, or removes any part of the premises with a value of at least $1,000 or permits any person to do so in violation of 70-24-321(2) (Tenant to maintain) or 70-33-321(3) (Tenant to maintain lot).
    • A person convicted of criminal mischief damage to rental property must be ordered to make restitution in an amount and manner to be set by the court.

    Remedies

    • The aggrieved party may recover appropriate damages.
    • The aggrieved party has a duty to mitigate damages.
    • A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
    • Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.

    Disputes

    • A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
    • If a party purposefully uses a rental agreement containing provisions known by the party to be prohibited, the other party may recover, in addition to the other party's actual damages, an amount up to 3 months' periodic rent.

    Unconscionability

    • The court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

    Other Remedies

    • If a landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302, rent abates until possession is delivered and the tenant may terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security.
    • If the tenant fails to make repairs within a reasonable time, the landlord shall make such repairs in a reasonably prompt manner or the tenant may terminate the agreement.
    • If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.
    • If there is a noncompliance with the duties affecting health and safety outlined in 70-24-303, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement.
    • The tenant may make repairs that do not cost more than one month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time, and the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs.

    Tenant's Remedies

    • Failure to Deliver Possession: If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered.
      • The tenant can terminate the rental agreement upon at least 5 days' written notice.
      • The tenant can maintain an action for possession of the dwelling unit against the landlord.
      • The aggrieved party may recover from that person an amount not more than 3 months' periodic rent if not done in good faith.
    • Noncompliance Affecting Health & Safety: If the noncompliance affects health and safety, the tenant may:
      • Deliver a written notice to the landlord specifying the acts and omissions constituting the breach of the rental agreement.
      • Terminate the agreement upon a date not less than 30 days after receipt of the notice if the breach is not remedied within 14 days.
      • Terminate the agreement if the landlord fails to remedy the situation within 3 working days after written notice in case of emergency.
    • Tenant's Rights:
      • The tenant may not terminate the rental agreement for a condition caused by the tenant.
      • The tenant may make repairs that do not cost more than 1 month's rent and deduct the cost from the rent after written notice is provided.
      • The tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement.
    • Landlord's Failure to Provide Essential Services: If the landlord purposefully or negligently fails to supply essential services, the tenant may:
      • Procure reasonable amounts of essential supplies and deduct the cost from the rent.
      • Recover damages based upon the diminution in the fair rental value of the dwelling unit.
      • Procure reasonable substitute housing and be excused from paying rent for the period of the landlord's noncompliance.
      • These rights only apply if the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions.
    • Fire or Casualty Damage: If the dwelling unit or premises are damaged or destroyed by fire or casualty, the tenant may:
      • Immediately vacate the premises and terminate the rental agreement by notifying the landlord in writing within 14 days of the tenant's intention to terminate.
      • Vacate any part of the dwelling unit rendered unusable and have their rent reduced proportionally to the diminution in the fair rental value.
      • These rights do not apply if the fire and casualty damage was caused by the purposeful or negligent act of the tenant.
    • Unlawful Entry by Landlord: If the landlord enters the dwelling unit unlawfully or in an unreasonable manner, the tenant may:
      • Obtain injunctive relief to prevent the recurrence of the conduct.
      • Terminate the rental agreement.
      • Recover actual damages.
    • Unlawful Ouster or Exclusion: If the landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services, the tenant may:
      • Recover possession of the dwelling unit.
      • Terminate the rental agreement.
      • Recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater.

    Landlord's Remedies

    • Noncompliance by Tenant: Except as provided in this chapter, if there is noncompliance by the tenant, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the noncompliance.
      • The rental agreement will terminate, and the tenant shall vacate the premises on a date specified in the notice.
      • The notice period is:
        • 3 days if the noncompliance involves an unauthorized pet or unauthorized persons residing in the rental unit.
        • 14 days if the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f).
        • 5 days if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months.
        • 3 days if the noncompliance is from verbal abuse of the landlord by a tenant.
    • Unpaid Rent: If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice, the landlord may terminate the rental agreement.
    • Damage to Property: If the tenant destroys, defaces, damages, impairs, or removes any part of the premises, the landlord may terminate the rental agreement upon 3 days' written notice.
    • Potential Damage to Property: If the tenant creates a reasonable potential that the premises may be damaged or destroyed, the landlord may terminate the rental agreement upon 3 days' written notice.
    • Landlord's Damages: If the tenant's noncompliance is purposeful, the landlord may recover treble damages.
      • Treble damages may not be recovered for the tenant's early termination of the tenancy.
      • The landlord is not bound by this section if the landlord elects to use the 30-day notice for termination of tenancy.
    • Waiver of Landlord's Right to Terminate: Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent.
      • Acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.
    • Refusal of Access: If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief.
      • If the 24-hour notice is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement
      • If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key, the landlord may issue a 24-hour notice.
      • If the 24-hour notice is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
    • Failure of Tenant to Maintain Dwelling: If the tenant fails to comply with maintenance requirements that affect health and safety, the landlord may enter the dwelling unit and cause the work to be done after 14 days of written notice.
      • The landlord may submit an itemized bill for the cost as rent on the next date periodic rent is due or for immediate payment if the rental agreement has terminated.
    • Absence or Abandonment:
      • If the rental agreement requires the tenant to give notice of anticipated absences in excess of 7 days and the tenant fails to do so, the landlord may recover actual damages from the tenant.
      • During an absence of the tenant in excess of 7 days, the landlord may enter the dwelling unit at times reasonably necessary.
      • If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental.
      • If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the tenancy.
    • Landlord's Remedies after Termination: If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.
      • In an action for possession, the case must be heard within 10 business days after the tenant's appearance or the answer date.
      • If the rental agreement is terminated because of noncompliance, the action must be heard within 5 business days.
      • A hearing for damages must be held within 45 days after the claim of possession and rent has been adjudicated.
    • Recovery of Possession: Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit.

    Landlord's Action for Possession

    • If a tenant stays after their lease expires, the landlord can file an action for possession.
    • If the lease term is longer than month-to-month and the landlord terminates the lease with cause, the landlord can recover up to 3 months' rent or treble damages if the tenant's holdover is purposeful.
    • If the lease term is month-to-month and the landlord terminates the lease without cause after giving a 30‑day notice, the landlord can recover up to 3 months' rent or treble damages if the tenant remains in the rental unit.
    • The Montana Justice and City Court Rules of Civil Procedure apply to landlord's actions for possession. The tenant has 5 business days to file an answer after being served with the summons and complaint.

    Landlord Rights after Termination

    • If the tenancy ends by court order, the landlord can dispose of the tenant's personal property.
    • If the tenancy ends in any other way and the landlord has clear evidence of abandonment and 48 hours have passed, the landlord can dispose of trash and hazardous, perishable, or valueless property.
    • The landlord must inventory and store valuable abandoned property in a safe place.
    • The landlord must notify the tenant in writing that the property must be removed within 10 days.
    • If the tenant does not remove the property, the landlord can sell, destroy, or dispose of it.
    • The landlord may deduct storage costs, labor costs, and sale costs from the proceeds of the sale.
    • The landlord is liable for actual damages if they purposefully violate this section.

    Retaliatory Conduct

    • A landlord cannot retaliate against a tenant by increasing rent, decreasing services, or filing an action for possession if the tenant has complained about:
      • Health and safety violations to a government agency.
      • Violations under 70-24-303 to the landlord in writing.
      • Joining a tenant's union or similar organization.
    • A tenant can use this section as a defense against a retaliatory action for possession.
    • Evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption of retaliation.
    • The landlord can still file an action for possession if:
      • The violation was caused by the tenant's negligence.
      • The tenant is behind on rent.
      • Compliance with the building code would deprive the tenant of use of the dwelling unit.
    • This section does not prevent a landlord from increasing rent or decreasing services if it is not retaliatory.

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