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A. At the commencement of any rental of a unit, the property owner shall provide to the tenant:
1. A written summary of this chapter and the state law dealing with residential renter's deposits 1 . The city shall prepare and make available a written summary of this chapter and the state law that fairly sets forth its material provisions.
2. An inventory of the condition of the premises and all appliances and furnishings.
3. A copy of the lease or rental agreement and rules and regulations, if written.
4. Any current notice by any utility provider to the property owner to terminate water, gas, electrical, or other utility service to the dwelling unit; the proposed date of termination; and any current uncorrected deficiency list or notice from any government entity.
B. By explicit written agreement, a property owner and a tenant may establish a procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs, and defines how the repairs will be paid.
C. A property owner may allocate any duties to the tenant by explicit written agreement. Such agreement must be clear and specific and boxed, in bold type, or underlined. If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in the rental agreement, rent abates until possession is delivered, and the tenant may terminate the rental agreement by written notice to the property owner and recover all prepaid rent and security deposits. (Ord. 98-42, 1998)
Notes
| 1 | 1. UCA § 57-17-1 et seq. |
A property owner shall:
A. Comply with the requirements of applicable building, housing, and health codes and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human occupancy;
B. Maintain the structural integrity of the building;
C. Maintain floors in safe condition;
D. Provide exits, emergency egress, light, and ventilation in compliance with applicable codes;
E. Maintain stairways, porches, walkways, and fire escapes in sound condition;
F. Provide smoke detectors and fire extinguishers as required by Logan City fire department;
G. Provide operable sinks, toilets, tubs, and/or showers;
H. Provide heating facilities as required by code;
I. Provide running water;
J. In common areas provide adequate hall and stairway lighting;
K. Maintain floors, walls, and ceilings in good condition;
L. Supply window screens where required;
M. Maintain the foundation, masonry, chimneys, water heater, and furnace in good working condition;
N. Prevent the accumulation of stagnant water;
O. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied by the property owner as required by applicable codes;
P. Supply electricity and hot water at all times, and heat during at least the months of October through April and as weather conditions might otherwise reasonably warrant, except where the dwelling unit is so constructed that electricity, heat, or hot water is within the exclusive control of the tenant and supplied by a direct public utility connection;
Q. Assist tenant in maintaining premises free of insects and rodents, and assist tenant with pest control measures when necessary;
R. Not unreasonably interrupt or disconnect utility service;
S. Provide standard functioning lock set to exterior doors and furnish keys to tenants as required by applicable codes. Additional security may be provided by tenant with owner's written consent;
T. Maintain the dwelling unit in a reasonably insulated and weathertight condition as required by applicable codes;
U. Provide for and protect each tenant's peaceful enjoyment of the premises;
V. Ensure that repairs, decorations, alterations, or improvements or exhibiting the dwelling unit shall not unreasonably interfere with the tenant's right to quiet enjoyment of the premises;
W. Provide a mailbox;
X. Provide separate meters for each tenant for gas and electricity or include charges for utility services in the rent; and
Y. Provide appropriate garbage receptacles for timely garbage removal as provided by the city. (Ord. 98-42, 1998)
A tenant shall:
A. Comply with all appropriate requirements of the rental agreement and applicable provisions of building, housing, and health codes;
B. Maintain the premises occupied in a clean and safe condition and not unreasonably burden any common area;
C. Dispose of all garbage and other waste in a clean and safe manner;
D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and avoid obstructing sinks, toilets, tubs, showers, and other plumbing drains;
E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner;
F. Not destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so;
G. Promptly inform the property owner or his agent of any defective conditions or problems at the premises;
H. Not interfere with the peaceful enjoyment of the residential rental unit of another renter or adjacent property owner;
I. Upon vacating, restore the premises to their initial condition except for reasonable wear and tear or conditions deemed the responsibility of the property owner;
J. Be current on all payments required by the rental agreement and this chapter;
K. Not increase the number of occupants above that specified in the rental agreement without written permission of the owners;
L. Not modify or paint the premises without the express written permission of the property owner/agent;
M. Dispose of oil, car batteries, and other hazardous waste materials away from the rental premises and in a manner prescribed by federal and local laws; and
N. Not require the owner to correct or remedy any condition caused by the renter, the renter's family, or the renter's guests or invitees by inappropriate use of the property during the rental term or any extension of it. (Ord. 98-42, 1998)
A property owner may adopt rules or regulations concerning the tenant's use and occupancy of the premises, which become a part of the rental agreement, if they apply to all tenants in the premises in a nondiscriminatory manner; do not conflict with the lease, state law, or city ordinance; and are provided to the tenant before the tenant enters into the rental agreement. Rules, regulations, or lease terms can, by agreement between the parties, be more favorable to the tenant than allowed by state law or city ordinance, but cannot be more restrictive. Rules may be modified from time to time by the property owner. However, no rule adopted after the commencement of any rental agreement shall substantially modify the existing terms, conditions, or rules without written consent of the tenant. (Ord. 98-42, 1998)
A. A tenant shall not unreasonably withhold consent to the property owner to enter into the dwelling unit in order to make necessary or agreed inspections, repairs, decorations, alterations, or improvements; or to exhibit the dwelling unit to prospective purchasers, tenants, or work people.
B. A property owner may enter the dwelling unit without consent of the tenant only in cases of emergency.
C. Except in cases of emergency, the property owner shall give the tenant at least twenty four (24) hours' notice of plans to enter, and may enter only between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M., unless otherwise agreed to by tenant.
D. A property owner has no other right of access except:
1. Pursuant to court order;
2. To make repairs requested by the tenant pursuant to sections 15.25.110 and 15.25.120 of this chapter; or
3. If the tenant has abandoned the premises as defined in section 78-36-12(3), Utah Code Annotated, or any successor provision. (Ord. 98-42, 1998)
A. If the tenant refuses to allow lawful access, the property owner may obtain injunctive relief to compel access or may terminate the rental agreement and commence an eviction action. In either case, the property owner may recover actual damages and reasonable attorney fees.
B. If the property owner makes an unlawful entry or makes repeated unreasonable demands for entry which harass the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement and vacate the premises. In either case, the tenant may recover the actual damages and reasonable attorney fees. (Ord. 98-42, 1998)
If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in the rental agreement, rent abates until possession is delivered. Alternatively, the tenant may terminate the rental agreement by written notice of the property owner and recover all prepaid rent and security deposits. (Ord. 98-42, 1998)
In the event of the failures specified below, the property owner shall take reasonable steps to begin repairing the failures, within the following specified time periods after receipt of appropriate written notice of the failure delivered to the person identified in subsection 15.25.030A2 of this chapter and complete the repairs with reasonable diligence.
A. Inoperable toilet, twenty four (24) hours.
B. Tub, shower, or kitchen and bathroom sink with inoperable drain or no hot or cold water, forty eight (48) hours.
C. Inoperable refrigerator or cooking range or stove, forty eight (48) hours.
D. Nonfunctioning heating (during a period where heat is reasonably necessary) or electrical system, twenty four (24) hours.
E. Inoperable electric fixture, seventy two (72) hours.
F. Broken exterior door or inoperable or missing exterior door lock, forty eight (48) hours.
G. Broken window with missing glass, ninety six (96) hours.
H. Inoperable exterior lighting, ninety six (96) hours.
I. Broken stair or balustrade, twenty four (24) hours.
J. Inoperable or missing smoke detector required by code, twenty four (24) hours.
K. Inoperable required fire sprinkler system (if smoke detectors are not present or operating), twenty four (24) hours.
L. Inoperable required fire sprinkler system (if smoke detectors are installed and operable), ninety six (96) hours.
M. Broken or leaking water pipes causing an imminent threat to life, safety, or health, twenty four (24) hours.
N. Other broken or leaking water pipes, seventy two (72) hours.
O. Disconnection of electrical, water, or natural gas service caused by property owner, twenty four (24) hours.
The tenant shall grant the property owner reasonable access to perform the repairs required in this section. (Ord. 98-42, 1998)
If the property owner fails to take reasonable steps to begin making the repairs required by section 15.25.110 of this chapter within the specified times, and the tenant is current on all rent and other payments to the property owner, the tenant may cause the repairs to be made subject to the following provisions:
A. Tenant Caused Damages: The repair and deduct provisions of this section shall not be applicable to any damages caused or repairs necessitated by actions of the tenant or the tenant's invited guests or other occupants of the dwelling unit.
B. Critical Repairs: If the repairs involve an inoperable toilet; lack of heat during a period for which heat is required; broken or leaking water pipes posing an immediate threat to life, safety, or health; a complete lack of running water; or disconnected gas, electric, or water service, the tenant may, upon the expiration of the notice period specified in section 15.25.110 of this chapter, cause the necessary repairs to be made.
1. In making such repairs, the tenant must use a licensed contractor if such a licensed contractor is required by applicable building or housing codes.
2. If a licensed contractor is required for the work, the tenant shall contract for the work to be done by the lowest bidder.
C. Noncritical Repairs: If the required repairs are not critical repairs subject to the provisions of subsection B of this section, the tenant, after the expiration of the notice time required by section 15.25.110 of this chapter, shall give the property owner or property owner's agent identified in subsection 15.25.030A2 of this chapter a second written notice of intent to repair and deduct. This second notice shall be either delivered and served personally upon the property owner or agent or sent by both certified and regular mail.
1. The second notice shall state the nature of the problem, the date the tenant sent the first notice required by section 15.25.110 of this chapter, and the intention of the tenant to cause the repairs to be done and to deduct the cost from the rent if the property owner does not make the repairs.
2. The property owner shall begin making the required repairs within forty eight (48) hours (excluding holidays and weekends) after the hand delivery of the second notice, or by the end of the second calendar day after the date of mailing of the second notice, and complete the repairs with reasonable diligence.
3. If the property owner has not begun the required repairs within the time specified in subsection C2 of this section, the tenant may cause the repairs to be made.
4. In making such repairs, the tenant must use a licensed contractor if such a licensed contractor is required by applicable building or housing codes for the work. The tenant shall obtain two (2) written bids for the work, and shall contract for the work at the low bidder.
5. If a licensed contractor is not required for the work, the tenant may do the work on his or her own, or contract for the work to be done at a reasonable cost.
D. Deductible Amount: For any repairs made pursuant to this section, the tenant may deduct from future rent the actual and reasonable cost of the repairs performed up to a maximum deduction of four hundred dollars ($400.00) per repair; provided, however, the tenant shall furnish all original bids and paid receipts to the property owner. The maximum deduction for any one month shall not exceed four hundred dollars ($400.00), regardless of the number or cost of repairs.
E. Nontermination: The property owner may not terminate the tenant's tenancy for the tenant's deduction of rent for repairs made pursuant to this section, nor may the property owner terminate the tenancy until the tenant's costs for repairs made under this section (not to exceed $400.00 per repair) have been offset by deducted rent. (Ord. 98-42, 1998)
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