Loading...
Whenever used in this article, the following words and phrases shall have the following meanings:
DWELLING UNIT: A structure or part of a structure that is used as a home, residence, or sleeping place by one or more persons who maintain a household together, with the common areas and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. A dwelling unit includes a mobile or manufactured home where the tenant has entered into rental agreement to reside in the home. Where a dwelling unit is also governed by the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq. (MHLTRA), this article shall augment and not replace the rights of both landlords and tenants as set out in the MHLTRA. Where there is a direct conflict between the provisions of this article and the MHLTRA, this article shall take precedence except for the following sections of the MHLTRA which shall govern: Section 6 - "Obligation of Park Owner to Offer Written Lease," 765 Illinois Compiled Statutes 745/6; Section 8 - "Renewal of Lease," 765 Illinois Compiled Statutes 745/8; and Section 9.5 - "Abandoned or Repossessed Properties," 765 Illinois Compiled Statutes 745/9.5. Section 12-6-11 of this Article ("Security Deposit") shall supersede in its entirety Section 18 of the MHLTRA ("Security Deposit; Interest"), 765 Illinois Compiled Statutes 745/18, in its entirety.
HARASS OR HARASSING: Knowing conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress to the tenant and does cause emotional distress to another.
LANDLORD: The owner, agent, lessor, sublessor, or the successor in interest of any of them of a dwelling unit or the building of which it is part.
MOVE-IN FEE: The fee that a landlord charges to a tenant that is reasonably related to the landlord's cost for a tenant moving into the dwelling unit including, but not limited to, additional security costs or additional trash removal.
OWNER: One or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership, and a right to present use and enjoyment of the premises including a mortgagee in possession.
OWNER-OCCUPIED: The residential building, or at least a portion or one unit thereof, condominium, or cooperative, is occupied by the owner of the residential building as their principal residence.
PERSON: An individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal or commercial entity, unless otherwise expressly excluded.
PREMISES: The dwelling unit, and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas, and facilities held out for the use of tenants.
RENT: All payments to be made to the landlord under the rental agreement. When it is used as a determination of damages, and the tenant has a subsidized rent, such as a Housing Choice Voucher, "rent" shall mean the full market rent, not the tenant rent based on income.
RENTAL AGREEMENT OR LEASE: A written or oral agreement, and any valid rules and regulations adopted pursuant to section 12-6-8(C) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
SECURITY DEPOSIT: Funds provided to a landlord to secure payment or performance of a tenant's obligations under a rental agreement, or the obligations of the tenant for its guests or pets, and the identifiable proceeds of the funds, however denominated. The term does not include rent or fees.
TENANT: A person entitled, by written or oral agreement, subtenancy approved by the landlord, or by sufferance, to occupy a dwelling unit to the exclusion of others.
WRITTEN NOTICE: Communications in writing shared as handwritten, typed, or printed documents, mailed documents, or electronically mailed or messaged documents. (Ord. 21-60, 7-19-2021)
A. When a landlord and a tenant enter into a rental agreement, that rental agreement shall comply with the requirements of this article regardless of the duration of the tenancy. A landlord and tenant may include in a rental agreement any terms and conditions that are not prohibited by this article and other rules of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
B. Any written rental agreement subject to this article shall contain the full names of all known occupants of the dwelling unit leased or to be leased under the rental agreement. The individual occupancy of the dwelling unit shall in no case exceed the maximum occupancy permitted by section 404.4.1 ("Room Area") and section 404.5.1 ("Maximum Number of Occupants") of the 2009 International Property Maintenance Code as adopted by the Village pursuant to section 7-13-2 ("Amendments") of this Code, as amended.
C. Rent is to be payable at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit at the beginning of any term of one (1) month or less and, otherwise, in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.
D. Unless otherwise agreed, when a tenant pays weekly, the tenancy shall be week to week and, in all other cases, month-to-month.
E. Effect of an Unsigned or Undelivered Written Rental Agreement.
1. If the landlord and tenant have agreed to a written rental agreement, and the landlord fails to sign or deliver the written agreement to the tenant, the landlord's acceptance of rent, without reservation by the landlord, gives the rental agreement the same effect as if the landlord had signed and delivered the written rental agreement to the tenant.
2. If the landlord and tenant have agreed to a written rental agreement, and the tenant fails to sign or deliver the written agreement to the landlord, the tenant's acceptance of possession and payment of rent, without reservation, gives the rental agreement the same effect as if the tenant had signed and delivered the written rental agreement to the landlord.
3. A written rental agreement given effect by the operation of this section shall have a term of one (1) year.
F. Prohibited Provisions. A rental agreement shall not provide that the tenant or the landlord:
1. Agrees to waive or to forego rights or remedies under this article, Illinois state law, or federal law;
2. Authorizes a confession of judgment, or any entry of a judgment by a court without written notice or a trial, for any claim, including but not limited to debts, liabilities, damages, and obligations, arising out of the rental agreement;
3. Agrees to a waiver of: any written termination of tenancy notice or manner of service thereof provided under state law or this Article, summons, copy of complaint, petition, right to notice, motion, entry of appearance, or other documents from the court as established through judicial process in the manner provided by the Illinois Code of Civil Procedure, 735 Illinois Compiled Statutes 5/2-201 et seq., or any action, regardless of good cause or cost;
4. Agrees to a non-disparagement clause that limits any written or oral statements, remarks, or other communications, public or private, directly or indirectly, made by tenants regarding the landlord, property, management, staff, officers, directors, representatives, investors, shareholders, administrators, affiliates, employees, affiliated corporations, divisions, or subsidiaries;
5. Agrees to the limitation of any liability of the tenant or landlord arising under law or to indemnify the tenant or landlord for that liability or the costs connected therewith;
6. Agrees to waive the right of any party to a trial by jury;
7. Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute or Ordinance. This paragraph shall also apply to a mobile home owner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms "tenant," "manufactured home" or "mobile home," "lot," and "mobile home park," are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq.;
8. Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;
9. Agrees that a tenant shall pay a charge, fee or penalty in excess of ten dollars ($10.00) per month for the first one thousand dollars ($1,000.00) in monthly rent plus five (5) percent per month for any amount in excess of one thousand dollars ($1,000.00) in monthly rent for the late payment of rent. This paragraph shall also apply to a mobile homeowner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms, "tenant", "manufactured home" or "mobile home," "lot," and "mobile home park," are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq.;
10. Agrees that a tenant shall receive a discount in excess of ten dollars ($10.00) per month for the first one thousand dollars ($1,000.00) in monthly rent plus five (5) percent per month for any amount in excess of one thousand dollars ($1,000.00) in monthly rent if the tenant pays rent before a specified date or within a specified time period in the month;
11. Agrees that a landlord may apply rent payments to a charge other than rent, including but not limited to utilities, fines, late fees or other charges; or
12. Agrees that the landlord shall not impose a fee in excess of the reasonable cost of that expense, including, but not limited to, credit-check fees and move-in fees. A landlord shall not rename a fee or charge to avoid application of this prohibition.
G. A landlord shall not enforce a provision prohibited by section 12-6-4. If a landlord deliberately uses a rental agreement containing any provision known by the landlord to be prohibited, the tenant may recover actual damages or two (2) months' rent, whichever is greater.
H. The provisions, provided in section 12-6-4(F), apply to new rental agreements starting on or after June 1, 2021. (Ord. 21-60, 7-19-2021)
A. In addition to any rights provided under federal or state law, a tenant shall have the rights specified in this section under the circumstances set forth herein.
B. Tenant Right to Disclosure of Costs:
1. The tenant shall have the right to disclosure of utility costs. A landlord shall disclose to the tenant whether the landlord or tenant bears the responsibility for payment of the cost of a utility for the dwelling unit.
2. In rental agreements in which the tenant pays the cost of a utility for a dwelling unit and is directly responsible to the utility company, the utility service shall be individually metered to the dwelling unit, and the landlord shall disclose to the tenant in the rental agreement the annual cost of service from the utility providing the primary service during the previous twelve (12) months, if known.
3. In rental agreements in which the tenant pays the cost of a utility for a dwelling unit to the landlord, the landlord shall disclose to the tenant in the rental agreement the annual cost of service from the utility providing the primary service during the previous twelve (12) months. If the landlord did not own the dwelling unit during the previous twelve (12) months or did not pay the utility costs to the utility provider on behalf of the tenant during the previous twelve (12) months, the landlord may satisfy this requirement by providing cost of service for a similar dwelling unit, if known, or disclose to the tenant that the utility costs are unknown to the landlord.
4. When the landlord charges a move-in fee, the landlord shall provide the tenant with an itemized list of the landlord's reasonable estimate of the costs that comprise the move-in fee and shall not charge the tenant moving into the premises for costs associated with routine maintenance and the upkeep of the premises.
C. Tenant Right to Dwelling that Materially Complies with Habitability:
1. A tenant shall have the right to a dwelling that materially complies with habitability and shall have the right to a remedy when the property is not in material compliance with habitability standards.
3. Habitability standards shall include, but are not limited to, any of the following circumstances:
a. Floors with structural integrity, in sound condition, and maintained in good repair, with the safe load-bearing requirements;
b. Buildings, structure, and parts of buildings with structural integrity, in sound condition, and maintained in good repair;
c. Appropriate number, width, construction, location, and accessibility of exits, stairway, fire escape or directional signs with structural integrity, in sound condition, and maintained in good repair;
d. Appropriate number, location and accessibility of smoke alarms, smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors, and fire extinguishers;
e. Elevators with structural integrity, in sound condition, and maintained in good repair;
f. Flush toilet, bathroom sink, bathtub or shower, and kitchen sink with structural integrity, in sound condition, and maintained in good repair;
g. Heating facilities and gas-fired appliances with structural integrity, in sound condition, and maintained in good repair;
h. Adequate heat, cold water, and hot water in such amounts and at such levels and times as required by the local, municipal, County or state code;
i. Adequate hall or stairway lighting with structural integrity, in sound condition, and maintained in good repair;
j. Foundation, exterior walls, and exterior roof with structural integrity, in sound condition, maintained in good repair, and substantially watertight and protected against rodents;
k. Floors, interior walls and ceilings with structural integrity, in sound condition, and maintained in good repair;
l. Windows, exterior doors, and basement hatchways with structural integrity, in sound condition, maintained in good repair and substantially tight with locks or security devices, including dead latch locks, deadbolt locks, sash and ventilation locks and front door windows or peepholes;
m. Screens with structural integrity, in sound condition, and maintained in good repair;
n. Stairways or porches with structural integrity, in sound condition, and maintained in good repair;
o. Basement and cellar with structural integrity, in sound condition, maintained in good repair, and in a safe and sanitary condition;
p. Facilities, equipment and chimneys in safe condition with structural integrity, maintained in good repair, and in sound working condition;
q. Prevention against the accumulation of stagnant water;
r. Extermination of insects, rodents and other pests;
s. Adequate facilities for refuse disposal;
t. Prevention against the accumulation of garbage, trash, refuse, or debris;
u. Adequate light and ventilation with structural integrity, in sound condition, and maintained in good repair;
v. Plumbing facilities, piping, fixtures, appurtenances, and appliances with structural integrity, in good operating condition and maintained in sound repair;
w. Electrical systems, circuits, receptacles, and devices with structural integrity, in sound condition, and maintained in good repair;
x. Any other equipment that the landlord agrees to or is required to supply, by any applicable law, with structural integrity, in sound operating condition, and maintained in good repair; and
y. A dwelling unit and common areas in a fit and habitable condition and in compliance with all applicable local, municipal, state, and federal regulations and guidance.
D. Tenant right to adequate heat. A tenant's right to adequate heat shall be governed by section 602.3 ("Heat Supply") of the 2009 International Property Maintenance Code, as adopted by the Village pursuant to section 7-13-2 ("Amendments") of this Code, as amended.
E. Tenant Right to Exclusive Possession and to be Free from Unlawful Entry.
1. If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the rental agreement, rent abates until the landlord delivers possession and the tenant may:
a. Upon written notice to the landlord, terminate the rental agreement and, upon termination, the landlord shall return within forty-eight (48) hours all security deposits; or
b. Demand performance of the rental agreement and, if the tenant elects, the tenant may maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by the tenant.
2. An aggrieved person may recover from the person withholding possession an amount not more than two (2) months' rent or twice the actual damages sustained by them, whichever is greater, and reasonable attorney's fees.
3. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In each case, the tenant may recover an amount equal to not more than two (2) months' rent or twice the damages sustained by them, whichever is greater, and reasonable attorney's fees.
F. One-time Tenant Right to Pay and Stay. At any time prior to the issuance of any order of possession or eviction order made pursuant to Article IX ("Eviction") of the Illinois Code of Civil Procedure, 735 Illinois Compiled Statutes 5/9-101 et seq., the tenant has a one-time right to cure the non-payment of rent by paying the landlord unpaid rent, duly owed from the date of non-payment to the date of payment, together with all filing fees and costs paid by the landlord and all fees and costs expended by the landlord for service of process, but not including attorney fees. If the tenant so pays, then the Court shall vacate any order of possession or eviction order and dismiss the case. If the landlord refuses to provide a total amount due, the tenant may cure by making a good faith payment of the amount that the tenant believes to be due. (Ord. 21-60, 7-19-2021)
A. Tenant Remedy of Withholding Rent: If the landlord is not in material compliance with the rental agreement or with section 12-6-5, the tenant may deliver a written notice to the landlord specifying the items of material noncompliance. The tenant may deliver this written notice at any time of month. The written notice shall indicate that the tenant will withhold rent on the next rent payment date if the landlord has not remedied the material noncompliance within fourteen (14) days after receipt of written notice. The tenant may withhold an amount of rent that reasonably reflects the reduced value of the premises. The tenant may not withhold for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
B. Tenant remedy of terminating lease: If the landlord is not in material compliance with the rental agreement or with section 12-6-5, the tenant may deliver a written notice to the landlord specifying the items of material noncompliance. The tenant may deliver this written notice at any time of month. The written notice shall indicate that the tenant will terminate the rental agreement and vacate the property if the landlord has not remedied the material noncompliance within fourteen (14) days after receipt of written notice. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. If the tenant does not vacate the property within one (1) month after the expiration of the fourteen (14)-day period or the end of the next rental period, whichever is longer, then the tenant's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return the security deposit immediately upon the tenant tendering possession.
C. Tenant remedy of right to file affirmative action: If the landlord is not in material compliance with the rental agreement or with section 12-6-5 the tenant may recover damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement or with section 12-6-5. The landlord shall have an affirmative defense to this action that the condition was caused by a deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
D. Tenant Remedy for Denial of Essential Services:
1. If the landlord fails to supply heat, running water, hot water, electricity, gas, or plumbing that the rental agreement requires the landlord to provide, or internet access if the rental agreement requires the landlord to provide, the tenant shall deliver a written notice to the landlord specifying the service to be restored. If the landlord fails to correct the condition within twenty-four (24) hours after being notified by the tenant, the tenant may:
a. Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure; or
b. Procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service and, upon presentation to the landlord of paid receipts, deduct the cost from their rent; or
c. Recover damages based upon the diminution in the fair rental value of the dwelling unit and reasonable attorney fees; or
d. Procure substitute housing, in which case the tenant is excused from paying rent for the period of noncompliance. The tenant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reasonable fees.
2. In addition, the tenant may terminate the rental agreement by written notice to the landlord if the landlord fails to supply heat, running water, hot water, electricity, gas, or plumbing that the rental agreement requires the landlord to provide, or internet access if the rental agreement requires the landlord to provide, for more than seventy-two (72) hours after the tenant has notified the landlord. If the rental agreement is terminated, the landlord shall return all security deposits thereon and the tenant shall deliver possession of the dwelling unit to the landlord within thirty (30) days after the expiration of the seventy-two (72) hour time period specified in the written notice or the end of the next rental period, whichever is longer. The landlord shall return the security deposit immediately upon the tenant delivering possession. If the tenant does not vacate the property within thirty (30) days after the notification of termination or the end of the next rental period, whichever is longer, then the tenant's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect.
3. The tenant may not exercise their rights under section 12-6-6(D) if the condition was caused by the inability of a utility supplier, or internet provider to provide service, unless the landlord caused the inability of the utility supplier, or by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
E. Tenant Remedies in the Event of Fire or Casualty:
1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the dwelling unit is in material noncompliance with the rental agreement or with section 12-6-5(C), the tenant may immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of fire or casualty.
2. If continued occupancy is lawful, the tenant may 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.
3. If the tenant desires to continue the tenancy and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, the tenant may notify the landlord in writing within fourteen (14) days after the tenant becomes aware that work is not being carried out diligently, or within a reasonable time of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty.
4. If the rental agreement is terminated, the landlord shall return all security deposit within forty-eight (48) hours. When the landlord accounts for rent after the tenant has terminated the rental agreement, the landlord shall not charge rent to the tenant for any date after the date of the fire or casualty.
5. A tenant may not exercise remedies in this section if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or a person on the premises with the tenant's consent.
F. Tenant Remedy of Withholding Rent to Undertake Minor Repairs:
1. If the landlord is not in material compliance with the rental agreement or with section 12-6-5 and the reasonable cost of compliance does not exceed five hundred dollars ($500.00) or one-half month's rent, whichever amount is greater, the tenant may notify the landlord in writing that, if the landlord does not remedy the condition within fourteen (14) days of receipt of the written notice or as promptly as conditions require in case of emergency, the tenant will correct the condition and withhold the cost of the repair from the tenant's next rent payment. The tenant shall have work done in a worker-like manner. The tenant shall submit to the landlord a paid bill from an appropriate tradesperson or supplier at the same time as deducting the amount from their rent. The tenant may not expend or deduct more than the amount specified in this section.
2. A tenant shall not repair at the landlord's expense or deduct rent if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's permission.
3. Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants of their plans and so arrange the work as to create the least practicable inconvenience to the other tenants. (Ord. 21-60, 7-19-2021)
The Tenant Shall:
A. Comply with all obligations imposed upon tenants by provisions of the codes applicable to the dwelling unit;
B. Keep the part of the premises that they occupy and use as safe as the condition of the premises permits;
C. Dispose from their dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
D. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
E. Use, in a reasonable manner, all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, in the premises;
F. Not deliberately destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so;
G. Conduct themselves in a manner that will not disturb their neighbors' peaceful enjoyment of premises; and
H. Unless otherwise agreed, only occupy their dwelling unit as a dwelling unit. (Ord. 21-60, 7-19-2021)
A. In addition to any rights provided under federal and state law, a landlord shall have the rights specified in this section under the circumstances herein set forth.
B. Landlord Rights of Entry and Restrictions Thereto:
1. A tenant shall not unreasonably withhold consent to allow the landlord to enter the dwelling unit to:
a. Inspect the premises or conduct inspections authorized or required by any government agency;
b. Make necessary or agreed repairs, decorations, alterations or improvements, including where such work elsewhere in the building requires such access;
c. Supply necessary or agreed upon services;
d. Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen or contractors;
e. Exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement; or
f. Determine a tenant's compliance with provisions in the rental agreement.
2. The landlord may only enter at reasonable times, except in case of an emergency. An entry between eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m. or at any other time expressly requested by the tenant shall be presumed reasonable.
a. A landlord may enter the dwelling unit without consent of the tenant in case of an emergency.
b. The landlord shall not abuse the right of access or use it to harass the tenant.
c. Except in cases of an emergency, the landlord shall give the tenant at least two (2) days' written notice of their intent to enter. The landlord shall provide this written notice directly to each dwelling unit by mail, telephone, or written notice or by other reasonable means designed in good faith to provide written notice to the tenant. If access is required because of repair work for common facilities or multiple apartments, a general written notice may be given by the landlord to all potentially affected tenants that entry may be required. In cases where access is authorized due to an emergency the landlord shall give the tenant written notice of entry within two (2) days after such entry.
d. 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 damages and reasonable attorney's fees.
e. If the landlord makes an unlawful entry, or entry in an unreasonable manner, or repeated unreasonable demands for entry, which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In each case, the tenant may recover an amount equal to one (1) month's rent or twice the damages sustained, whichever is greater, and reasonable attorney fees.
C. Landlord Right to Adopt Rules and Regulations:
1. The landlord may adopt general rules or regulations concerning the tenant's use and occupancy of the premises. Rules and regulations are enforceable only if in writing and if they are:
a. Made to promote the convenience, safety, and welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities among tenants;
b. Reasonably related to the purpose for which they are adopted;
c. Applied to all tenants in the premises in a fair manner;
d. Sufficiently clear to inform the tenant of what they must or must not do to comply;
e. Not for the purpose of evading the obligations of the landlord; and
f. Not for the purpose of preventing tenants to assemble or otherwise communicate amongst each other about the premises.
2. A rule or regulation adopted after the tenant enters into the rental agreement that substantially modifies the rental agreement is not enforceable unless the tenant consents in writing. (Ord. 21-60, 7-19-2021)
A. The landlord shall have the following remedies when the tenant fails to pay rent:
1. If the tenant is not in material compliance with the obligation to pay rent, the landlord may deliver to the tenant a written notice of the landlord's intention to terminate the rental agreement. The landlord shall serve the written notice in compliance with state law. If the tenant does not materially comply with the written notice within five (5) days of receipt, the landlord may file an eviction action to terminate the rental agreement.
2. Nothing in this subsection shall affect a landlord's obligation to provide notice of termination of tenancy in subsidized housing as required under federal law or regulations.
3. A landlord may also maintain an action for rent and/or damages without terminating the rental agreement.
B. The landlord shall have the following remedies when the tenant is not in material compliance with the rental agreement or the obligations in section 12-6-7.
1. If the landlord alleges that the tenant is not in material compliance with a rental agreement or the obligations in section 12-6-10, the landlord may deliver written notice to the tenant specifying the acts and omissions constituting the alleged breach. The landlord shall serve the written notice in compliance with state law. The written notice may provide that the rental agreement will terminate upon a date no less than 10 days after the date of the written notice. The tenant shall have the amount of time specified in the written notice to remedy any alleged breach by the tenant prior to the date of termination. If the breach is not remedied, the landlord may file an eviction to terminate the rental agreement, as provided in the written notice. The landlord may recover damages and obtain injunctive relief for any material noncompliance by the tenant with the rental agreement or the obligations in section 12-6-10. If the landlord does not file an eviction action within thirty (30) days after the notification of termination or the end of the next rental period, whichever is longer, then the landlord's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect.
2. The landlord has the right to determine abandonment of the dwelling unit and dispose of property. The landlord may determine that the tenant has abandoned the property in the following circumstances:
a. The tenant has provided actual written notice to the landlord indicating the tenant's intention not to return to the dwelling unit.
b. All persons entitled under a rental agreement have been absent from the dwelling unit for a period of thirty-two (32) days, or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises and rent for that period is unpaid. However, if any person entitled to occupancy provides the landlord with written notice indicating that a tenant intends to occupy the dwelling unit and make full payments of all amounts due to the landlord, then the landlord may not determine that the tenant has abandoned the property.
c. If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to rent it at a fair rental value. This shall include the acceptance of reasonable subleases. If the landlord succeeds in renting the dwelling unit at a fair rental value, the tenant shall only be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental value subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for reasonable advertising and redecoration costs incurred by the landlord in re-renting the dwelling unit.
d. Unless otherwise agreed, if, upon termination of a tenancy including, but not limited to, a termination after expiration of a lease or by surrender or abandonment of the premises, a tenant has left personal property on the premises, and the landlord reasonably believes that the tenant has abandoned such personal property, the landlord may dispose of the property according to the following procedures.
(1) If the landlord in good faith reasonably determines that the tenant has left personal property that is valueless or of such little value that the cost of storing and conducting a sale would probably exceed the amount that would be realized from such a sale, the landlord shall retain the property either in the dwelling unit or remove and store the abandoned property from the dwelling unit and may dispose of the property after seven (7) days. The landlord shall not be required to provide written notice to the tenant of its intent to dispose of property pursuant to this subsection.
(2) If the landlord in good faith reasonably determines that the tenant has left personal property that has value, the landlord shall notify the tenant in writing of their demand that the tenant remove the property within dates set forth in the written notice, but no less than seven (7) days after delivery of the written notice. The landlord may deliver this written notice by posting it in a prominent location inside the dwelling unit or on the front door of the dwelling unit or by electronic means if the parties had previously communicated electronically.
(3) If the tenant does not remove the property within the time specified, the landlord may sell the property at a public sale or at a commercially reasonable private sale. The landlord may retain the proceeds of the sale to recover any rent owed by the tenant to the landlord. If the proceeds, less reasonable costs incurred by such sale or storage, exceed any rent owed to the landlord, the landlord shall retain the proceeds for one (1) year. If the tenant does not claim the proceeds within one (1) year, the proceeds shall be the property of the landlord.
e. At any time that the landlord is storing property pursuant to Sec. 12-6-9, the landlord shall exercise reasonable care of the property, but shall not be responsible to the tenant for any loss except for damage caused by the landlord's deliberate or negligent act or omission. The landlord may elect to store the property in or about the previously vacated premises. The landlord shall be entitled to the cost of storage for the period of time that the property has remained in their safekeeping. In such case the storage shall not exceed commercially reasonable storage rates. If the tenant's property is removed to a commercial storage company, the storage cost shall include the actual charge for such storage and removal from the premises to the place of storage.
f. If the tenant timely responds in writing of their intention to remove the personal property from the premises and does not do so within the time period in the landlord's written notice or a mutually agreeable date (whichever is later), it shall be conclusively presumed that they have abandoned such property.
C. The Landlord Right to Rent and Process Renewals of the Tenancy:
1. Termination of Tenancy:
a. If the landlord accepts rent, including holding payment, knowing that it alleges a lease violation, including a default in the payment of rent by the tenant, the landlord waives the right to terminate the rental agreement for that breach.
b. If the rental agreement is terminated, the landlord may make a claim for possession or for rent and a separate claim for damages for breach of the rental agreement.
2. Nonrenewal of Tenancy:
a. No tenant shall be required to renew a rental agreement more than sixty (60) days prior to the termination date of the rental agreement. If the landlord violates this subsection, the tenant shall recover one (1) month's rent or actual damages, whichever is greater.
b. The landlord shall notify the tenant in writing at least sixty (60) days prior to the stated termination date of the rental agreement of the landlord's intent to terminate a month-to-month tenancy or not renew an existing rental agreement. If the landlord fails to give required written notice, the tenant may remain in the dwelling unit for up to one hundred and twenty (120) days after the date on which such required written notice is given to the tenant, regardless of the date specified in the existing rental agreement. During such occupancy, the terms and conditions of the tenancy shall be the same as the terms and conditions during the last month of tenancy. (Ord. 21-60, 7-19-2021)
Loading...