Sections

Landlord & Tenant Act

Sections 101 to 105

41-101. Short title.
41-102. Definitions.
41-103. Application of act.
41-104. Arrangements not covered by act.
41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement.

1."Building and housing codes" include 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;

2."Deposit" includes any money or other property required by a landlord from a tenant as a security and which is to be returned to the tenant upon termination of the rental agreement, less any deductions properly made and allowed by this act;

3."Dwelling unit" means a structure, or that part of a structure, which is used as a home, residence or sleeping place by one or more persons;

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 comply with the disclosure provisions of Section 116 of this act;

6."Occupant" means any person who abides within a dwelling unit, but who is not a tenant or an unemancipated minor child of a tenant, and who is not legally obligated by the terms of a rental agreement;

7."Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity;

8."Owner" means one or more persons, jointly or severally, in whom is vested:

a.all or any part of the legal title to the property, or

b.all or part of the beneficial ownership and a right to present use and enjoyment of the property, and such term includes a mortgagee in possession;

9."Person" includes an individual or organization;

10."Premises" means a dwelling unit and the structure of which it is a part, the facilities, and appurtenances therein, and the grounds, areas and facilities held out for the use of the tenant generally or the use of which is promised to the tenant:

11."Rent" means all payments, except deposits and damages, to he made to the landlord under the rental agreement;

12."Rental agreement" means all agreements and valid rules and regulations adopted under Section 126 of this act, which establish, embody or modify the terms and conditions concerning the use and occupancy of a dwelling unit and premises;

13."Roomer" or "boarder" is a tenant occupying a dwelling unit;

a.which lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator or stove,

b.in a building

(1)where one or more of such major facility are supplied to he used in common by the occupants of the roomer or boarder dwelling unit and one or more otherdwelling units. And

(2)in which the landlord resides;

14."Single-family residence" means a structure used and maintained as a single dwelling unit. A dwelling unit, including those with common walls, shall be deemed 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; and

15."Tenant" means any person entitled under a rental agreement to occupy a dwelling unit.

A.Except as otherwise provided in this act, this act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

B.Any agreement, whether written or oral, shall be unenforceable insofar as said agreement, or any provision thereof, conflicts with any provision of this act.

A.An aggrieved party under the provisions of this act has a duty to mitigate damages.

B.Any right, obligation or remedy declared by this act is enforceable in any court of appropriate jurisdiction including small claims court and may be prosecuted as part of an action for forcible entry or detainer unless the provision declaring it specifies a different and limited effect. In any action for breach of a rental agreement or to enforce any right or obligation provided for in this act, the prevailing party shall be entitled to reasonable attorneys fees.

Please do not call or write about problems you are having with a landlord or a tenant. Seek advice of an attorney. This information is provided for informational purposes only.



Last Update: 14 MAY 99
Web Author: Vince Mooney, Office: 918-665-0478
Copyright ©1999 by Vince Mooney Real Estate School & Seminars, Inc. - ALL RIGHTS RESERVED