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This Act has been adopted in the following states, although in many cases with amendments: Alaska, Arizona, Florida, Hawaii, Iowa, Kansas, Kentucky, Montana, Nebraska, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Virginia

As usual, each state has "improved" on the basic model. This law represents the "progressive" latest legal views on what a landlord tenant relationship should be. It is likely to be adopted by many more states in the future.
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Section 1.101 Short Title

This Act shall be known and may be cited as the "Uniform Residential Landlord and Tenant Act."

Section 1.102 Purposes; Rules of Construction

(a) This Act shall be liberally construed and applied to promote its underlying purposes and policies.

(b) Underlying purposes and policies of this Act are

(1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;

(2) to encourage landlords and tenants to maintain and improve the quality of housing; and

(3) to make uniform the law with respect to the subject of this Act among those states which enact it.

Section 1.103 Supplementary Principles of Law Applicable

Unless displaced by the provisions of this Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress coercion, mistake, bankruptcy, or other validating or invalidating clause supplement its provisions.

Section 1.104 Construction against Implicit Repeal

This Act being a general act intended as unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

Section 1.105 Administration

(a) The remedies provided by this Act shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

/* That is a fascinating section. Mitigation of damages are steps taken to lessen losses. At common law, a landlord is not required to mitigate damages. In fact at common law, if a tenant leaves, the landlord is allowed to simply leave the premises vacant and bill the tenant for rent. Maybe not any more....

Section 1.106 Settlement of disputed Claim or Right

A claim or right arising under this Act or on a rental agreement, if disputed in good faith, may be settled by agreement.

Section 1.201 Territorial application

This Act applies to and regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit within this state.

Section 1.202 Exclusions for Application of Act

Unless created to avoid the application of this Act, the following arrangements are not governed by this Act:

(11) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;

(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;

(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(4) transient occupancy in a hotel, or motel or lodgings subject to cite state transient lodgings or room occupancy sales tax act;

(5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;

(6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

(7) occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

1.203 Jurisdiction and Service of Process

(a) The _____ court of this state may exercise jurisdiction over any landlord with respect to any conduct in this state governed by this Act or with respect to any claim arising from a transaction subject to this Act. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court by the service of process in the manner provided by this section.

(b) If a landlord is not a resident of this state or is a corporation not authorized to do business in this state and engaged in any conduct in this state governed by this Act, or engages in a transaction subject to this Act, he may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. This designation shall be in writing and filed with ________. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the _______, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process if any, or within any further time as the court allows.

Section 1.301 General Definitions

Subject to additional definitions contained in subsequent Articles of this Act which apply to specific Articles or Parts thereof, and unless the context otherwise requires, in this Act

(1) "action" includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession;

(2) "building and housing codes" includes any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit;

(3) "dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household, or by 2 or more persons who maintain a common household;

(4) "good faith" means honesty in fact in the conduct of the transaction concerned;

(5) "landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by Section 2.102;

/* Review this section for an interesting idea. Often Joe Jones Ltd. an off-shore partnership actually owns an apartment complex or hoe, but "Gold star Management" runs the show. The Management Company looks like the landlord (even the rent is made out to it) and acts like it, but isn't. This act places an obligation of disclosure on the management company to disclose that fact.

(6) "organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, and any other legal or commercial entity;

/* As drafted this means that this code also applies to government funded housing.*/

(7) "owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term also includes a mortgagee in possession;

/* A "mortgagee in possession" refers to an organization who holds a lien on the property, like a bank, that under the mortgage takes over the property pending foreclosure.

(8) "person" includes an individual or organization;

(9) "premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenant generally or whose use is promised to the tenant;

(10) "rent means all payments to be made to the landlord under the rental agreement;

(11) "rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under Section 3.102 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;

(12) "roomer" means a person occupying a dwelling unit that does not include a toilet and either a bath tub or shower and a refrigerator, stove, and kitchen sink, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure;

(13) "single family residence" means a structure maintained and used as a single family dwelling. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit;

(14) "renter" means a person entitled under a rental agreement to occupy dwelling unit to the exclusion of others.

Section 1.302 Obligation of Good Faith

Every duty under this Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Act imposes an obligation of good faith in its performance or enforcement.

Section 1.303 Unconscionability

(a) If the court, as a matter of law, finds
(1) a rental agreement or any provision thereof was unconscionable when made, 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; or
(2) a settlement in which a part waives or agrees to forego a claim or right under this Act or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(b) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.

Section 1.304 NOTICE

(a) A person has notice of a fact if
(1) he has actual knowledge of it,
(2) he has received a notice or notification of it, or
(3) from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.

(b) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know if it. A person "receives" a notice or notification when
(1) it comes to his attention;
(2) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of communication; or
(3) in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence.

(c) "Notice," knowledge of a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.

Section 1.401 Terms and Conditions of Rental Agreement

(a) A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this Act or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal month installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(d) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent, and in all other cases month to month.

Section 1.402 Effect of Unsigned or Undelivered Rental Agreement

(a) If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.

/* The point here is that if the landlord or tenant "forgets" to sign the lease that they are nevertheless bound.

(b) If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.

(c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.

Section 1.403 Prohibited Provisions in Rental Agreements

(a) A rental agreement may not provide that the tenant:
(1) agrees to waive or forego rights or remedies under this Act;
(2) authorizes any person to confess a judgment on a claim arising out of the rental agreement;
(3) agree to pay the landlord's attorney's fees; or
(4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

/* Many landlords put clauses in their leases that limit the tenant's rights to go after the landlord. These are likely to be found even though the landlord knows that they are not enforceable because people use old forms, or try to bluff their way into convincing the tenant that a clause that says the landlord doesn't have to fix anything or do anything other than collect rent is lawful.

(b) A provision prohibited by subsection (a) included in an agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited, the tenant may recover in addition to actual damages an amount up to [3] month's periodic rent and reasonable attorney's fees.

Section 2.101. Security Deposits; Prepaid Rent

(a) A landlord may not demand or receive security, however denominated, in an amount or value in excess of _____ month[s] periodic rent.

/* The model code suggests ONE month. This will probably become a de facto standard for all states

(b) Upon termination of the tenancy property or money held by the landlord as security may be applied to the payment of the accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with Section 3.101 all as itemized with the amount due [14] days after termination of the tenancy and delivery of possession and demand by the tenant.

(c) If the landlord fails to comply with subsection (b) or if he fails to return any prepaid rent required to be paid to the tenants under this Act the tenant may recover the property and money due him together with damages in an amount equal to [twice] the amount wrongfully withheld and reasonable attorney's fees.

(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this Act.

(e) The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

/* Thus, if the property is sold or foreclosed, the party who buys it gets to return the deposit. The same is true on a change of managers.

2.102 Disclosure

(a) A landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of

(1) the person authorized to manage the premises; and

(2) an owner of the premises or a person authorized to act for on or behalf of the owner for the purpose of the service of process and receiving and receipting for notices and demands.

(b) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for:

(1) service of process and receiving and receipting for notice and demands; and

(2) performing the obligations of the landlord under this Act and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

Section 2.103 Landlord to Deliver Possession of Dwelling Unit

At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and Section 2.104. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in Section 4.301(c).

Section 2.104 Landlord to Maintain Premises

(a) A landlord shall:
(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;
(2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
(3) keep all common areas of the premises in a clean and safe condition;

/* The term "safe" does not speak to safe from criminals. What the Courts have interpreted this to refer to is physical defects in the premises such as broken sidewalks.

(4) maintain in good and safe working condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him;
(5) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
(6) supply running water and reasonable amounts of hot water at all times and reasonable heat [between October 1 and May 1] except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat and hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

(b) If the duty imposed by paragraph (1) of subsection (a) is greater than any duty imposed by any other paragraph of that subsection, the landlord's duty shall be determined by reference to paragraph (1) of subsection (a).

(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraphs (5) and (6) and also specified repairs, maintenance tasks, alterations, 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.

(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance, or remodeling only if
(1) the agreement is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;
(2) the work is not necessary to cure noncompliance with subsection (a)(1) of this section; and
(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(e) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement.

Section 2.105 Limitation of liability

(a) Unless otherwise agreed, a landlord who conveys premises that include a dwelling until subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of a liability under the rental agreement and this Act as to events occurring after written notice to the tenant of the conveyance. However, he remains liable to the tenant for all security recoverable by the tenant under Section 2.101 and all prepaid rent.

(b) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this Act as to events occurring after written notice to the tenant of the termination of his management.

Section 3.101 Tenant to Maintain Dwelling Unit

A tenant shall:
(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
(3) dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
(4) keep all plumbing fixtures in the dwelling unit used by the tenant as clear as their condition permits;
(5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;
(6) not deliberately or negligently destroy, deface, impair, or remove any part of the premises or knowingly permit any person to do so; and
(7) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbor's peaceful enjoyment of the premises.

/* This section above is the one that gives landlords the right to dispossess those playing extraordinarily loud music.*/

Section 3.102 Rules and Regulations

(a) A landlord from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. It is enforceable against the tenant only if
(1) its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenant's generally;

/* Landlords rules on the access to the laundry facilities, pools, tennis courts or other amenities fall under this section.

(2) it is reasonably related to the purpose of which it is adopted;
(3) it applies to all tenants in the premises in a fair manner;
(4) it is sufficiently explicit in its prohibitions, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;
(5) it is not for the purpose of evading the obligations of the landlord; and
(6) the tenant has notice of it at the time he enters into the rental agreement, or when it is adopted.

/* Thus the landlord must give a set of the rules to the tenant when entering into the lease.

(b) If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of his bargain it is not valid unless the tenant consents to it in writing.

Section 3.103 Access

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to actual or prospective purchasers, mortgagees, tenants, workmen, or contractors.

(b) A landlord may enter into the dwelling unit without consent of the tenant in case of emergency.

(c) A landlord shall 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 [two] days notice of his intent to enter and may enter only at reasonable times.

/* This is a very important right for the tenant and limitation on the right of the landlord.

Section 3.104 Tenant to Use and Occupy

Unless otherwise agreed, a tenant shall comply his dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises [in excess of 7 days] no later than the first day of the extended absence.

Section 4.101- Noncompliance by the landlord.

(a) Except as provided in this Act, if there is a material non- compliance by the landlord with the rental agreement or a noncompliance with Section 2.104 materially affecting health and safety, 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, and the rental agreement shall terminate as provided in the notice subject to the following:

(2) If the breach is remedied by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, and the rental agreement shall not terminate because of the breach.

(3) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent.

(b) Except as provided in this Act, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or Section 2.104. If the landlord's noncompliance is willful the tenant may recover reasonable attorney's fees.

(c) The remedy provided in subsection (b) is in addition to any right of the tenant arising under Section 4.101(a).

(d) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under Section 2.101 and all prepaid rent.

Section 4.102 Failure to Deliver Possession

(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 2.103, rent abates until possession is delivered and the tenant may
(1) terminate the rental agreement upon at least 5 days written notice to the landlord and termination the landlord shall return all prepaid rent and security; or
(2) 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 any person wrongfully in possession and recover the actual damages sustained by him.

(b) If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than [3] months' periodic rent or [threefold] the actual damages sustained, whichever is greater, and reasonable attorney's fees.

Section 4.103 Self-Help For Minor Defects

(a) If the landlord fails to comply with the rental agreement or Section 2.104, and the reasonable cost of compliance is less than [$ 100], or an amount equal to [one-half] the periodic rent whichever amount is greater, the tenant may recover damages for the breach under Section 4.101(b) or may notify the landlord of his intention to correct the condition at the landlord's expense. If the landlord fails to comply within [14] days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection.

/* If the landlord fails to fix an item that the lease requires him to do, or, if the landlord has agreed to fix the appliances, etc. then the tenant after demanding (in writing) that it get fixed can go ahead and bring in people fix it himself. Note that under Section 5.101, the landlord can not evict the tenant for doing so.

(b) A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent.

Section 4.104 Wrongful Failure to Supply Heat, Water, Hot Water, or Essential Services

(a) If contrary to the rental agreement or Section 2.104 the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and may
(1) procure reasonable amounts of heat, hot water, running water, electric, gas, and other essential service during the period of the landlords noncompliance and deduct their actual and reasonable cost from the rent; or
(2) recover damages based upon the diminution in the fair rental value of the dwelling unit; or
(3) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

(b) In addition to the remedy provided in paragraph (3) or subsection (a) the tenant may recover the actual and reasonable cost or fair or reasonable value of the substitute housing not in excess of an amount equal to the periodic rent, and in any case under subsection (a) reasonable attorney's fees.

(c) If the tenant proceeds under this section, he may not proceed under Section 4.101 or Section 4.103 as to that breach.

(d) Rights of the tenant under this subsection do not arise until he has given notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other persons on the premises with his consent.

Section 4.105 Landlords Noncompliance as Defense to Action for Possession or Rent

(a) In an action for possession based upon nonpayment of rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount he may recover under the rental agreement or this Act. In that event the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney's fees.

(b) In an action for possession for rent when the tenant is not in possession, he may counterclaim as provided in subsection (a) but is not required to pay any rent into court.

Section 4.106 Fire or Casualty Damage

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, the tenant may
(1) immediately vacate the premises and notify the landlord in writing within [14] days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

(b) If the rental agreement is terminated the landlord shall return all security recoverable under Section 2.101 and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.

Section 4.107 Tenant's Remedies for Landlord's Unlawful Ouster, Exclusion or Diminution of Service

If a landlord unlawfully removes or excludes the tenant from the premises or wrongfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than [3] months' periodic rent or [threefold] the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated the landlord shall return all security recoverable under Section 2.101 and all prepaid rent.

Section 4.201 Noncompliance with Rental Agreement; Failure to Pay Rent

(a) Except as provided in this Act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with Section 3.101 materially affecting health and safety, the landlord may deliver a written notice to the tenant 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, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within [6] months, the landlord may terminate the rental agreement upon at least [14] days' written notice specifying the breach and the date of termination of the rental agreement.

/* Many states have a three day rather than 14 day period.

(b) If the rent is unpaid when due and the tenant fails to pay rent within [14] days after written notice by the landlord of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.

(c) Except as provided in this Act, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or Section 3.101. If the tenant's noncompliance is willful the landlord may recover reasonable attorney's fees.

Section 4.202 Failure to Maintain

If there is noncompliance by the tenant with Section 3.101 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within [14] days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.

Section 4.203 Remedies for Absence, Nonuse and Abandonment

(a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated absence [in excess of {7} days] as required in Section 3.104 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

(b) During any absence of the tenant in excess of [7] days, the landlord may enter the dwelling unit at times reasonably necessary.

Section 4.204. [Waiver of Landlord's Right to Terminate]

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.

/* This is a waiver section. If the landlord accepts late rent, tolerates other conditions that are violations of the lease, the tenant's lease is reinstated.

Section 4.205. [Landlord Liens; Distress for Rent]

(a) A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this Act.

(b) Distraint for rent is abolished.

Section 4.206. [Remedy after Termination]

If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in Section 4.201(c).

Section 4.207. [Recovery of Possession Limited]

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this Act.

Part III
Periodic Tenancy; Holdover; Abuse of Access

Section 4.301. [Periodic Tenancy; Holdover Remedies]

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least [10] days before the termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least [60] days before the periodic rental date specified in the notice.

(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than [3] month's periodic rent or [threefold] the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section 1.401(d) applies.

Section 4.302. [Landlord and Tenant Remedies for Abuse of Access]

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.

(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages [not less than an amount equal to [1] month's rent] and reasonable attorney's fees.

Section 5.101 Retaliatory Conduct Prohibited

(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing an action for possession after:

/* This section prohibits a landlord from victimizing a tenant for complaining properly about repairs that are not done, or for going ahead and fixing something himself.

(1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; or

(2) the tenant has complained to the landlord of a violation under Section 2.104; or

(3) the tenant has organized or become a member of a tenant's union or similar organization.

(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 4.107 and has a defense in any retaliatory action against him for possession. In an action by or against the tenant, evidence of a complaint within [1] year before the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. Presumption means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

(c) Notwithstanding subsection (a) and (b), a landlord may bring an action for possession if:
(1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of his family, or other person on the premises with his consent; or
(2) the tenant is in default in rent; or
(3) compliance with the applicable building or housing code requires alternation, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.

(d) The maintenance of an action under subsection (c) does not release the landlord from liability under Section 4.101(b).

/* Section 6 is omitted and states that leases entered into prior to the act will be valid until their expiration.

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