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5-12-110
Tenant Remedies
In addition to any remedies provided under federal law, a
tenant shall have the remedies specified in this section under the
circumstances herein set forth.
For purposes of this section, material noncompliance with
Section 5-12-070 shall include, but is not limited to, any of the
following circumstances:
Failure to maintain the structural integrity of the
building or structure or parts thereof;
Failure to maintain floors in compliance with the safe
load-bearing requirements of the municipal code;
Failure to comply with applicable requirements of the
municipal code for the number, width, construction, location or
accessibility of exits;
Failure to maintain exit, stairway, fire escape or
directional signs where required by the municipal code;
Failure to provide smoke detectors, sprinkler systems,
standpipe systems, fire alarm systems, automatic fire detectors or fire
extinguishers where required by the municipal code;
Failure to maintain elevators in compliance with
applicable provisions of the municipal code;
Failure to provide or maintain in good working order a
flush water closet, lavatory basin, bathtub or shower, or kitchen sink;
Failure to maintain heating facilities or gas-fired
appliances in compliance with the requirements of the municipal code;
Failure to provide heat or hot water in such amounts and
at such levels and times as required by the municipal code;
Failure to provide hot and cold running water as required
by the municipal code;
Failure to provide adequate hall or stairway lighting as
required by the municipal code;
Failure to maintain the foundation, exterior walls or
exterior roof in sound condition and repair, substantially watertight
and protected against rodents;
Failure to maintain floors, interior walls or ceilings in
sound condition and good repair;
Failure to maintain windows, exterior doors or basement
hatchways in sound condition and repair and substantially tight and to
provide locks or security devices as required by the municipal code,
including deadlatch locks, deadbolt locks, sash or ventilation locks,
and front door windows or peepholes;
Failure to supply screens where required by the municipal
code;
Failure to maintain stairways or porches in safe condition
and sound repair;
Failure to maintain the basement or cellar in a safe and
sanitary condition;
Failure to maintain facilities, equipment or chimneys in
safe and sound working condition;
Failure to prevent the accumulation of stagnant water;
Failure to exterminate insects, rodents or other pests;
Failure to supply or maintain facilities for refuse
disposal;
Failure to prevent the accumulation of garbage, trash,
refuse or debris as required by the municipal code;
Failure to provide adequate light or ventilation as
required by the municipal code;
Failure to maintain plumbing facilities, piping, fixtures,
appurtenances and appliances in good operating condition and repair;
Failure to provide or maintain electrical systems,
circuits, receptacles and devices as required by the municipal code;
Failure to maintain and repair any equipment which the
landlord supplies or is required to supply; or
Failure to maintain the dwelling unit and common areas in
a fit and habitable condition.
(a) Noncompliance by Landlord. If there is material
noncompliance by the landlord with a rental agreement or with Section
5-12-070 either of which renders the premises not reasonably fit and
habitable, the tenant under the rental agreement may deliver a written
notice to the landlord specifying the acts and/or omissions constituting
the material noncompliance and specifying that the rental agreement will
terminate on a date not less than 14 days after receipt of the notice by
the landlord, unless the material noncompliance is remedied by the
landlord within the time period specified in the notice. If the material
noncompliance is not remedied within the time period so specified in the
notice, the rental agreement shall terminate, and the tenant shall
deliver possession of the dwelling unit to the landlord within 30 days
after the expiration of the time period specified in the notice. If
possession shall not be so delivered, then the tenant's notice shall be
deemed withdrawn and the lease shall remain in full force and effect. If
the rental agreement is terminated, the landlord shall return all
prepaid rent, security and interest recoverable by the tenant under
Section 5-12-080.
(b) Failure to Deliver Possession. If the landlord
fails to deliver possession of the dwelling unit to the tenant in
compliance with the residential rental agreement or Section
5-12-070,
rent for the dwelling unit shall abate until possession is delivered,
and the tenant may:
(1) Upon written notice to the landlord, terminate the
rental agreement and upon 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 damages sustained by him.
If a person's failure to deliver possession is wilful, an
aggrieved person may recover from the person withholding possession an
amount not more than two months' rent or twice the actual damages
sustained by him, whichever is greater.
(c) Minor Defects. If there is material noncompliance
by the landlord with the rental agreement or with Section
5-12-070, and
the reasonable cost of compliance does not exceed the greater of $500.00
or one-half of the monthly rent, the tenant may recover damages for the
material noncompliance or may notify the landlord in writing of his
intention to correct the condition at the landlord's expense; provided,
however, that this subsection shall not be applicable if the reasonable
cost of compliance exceeds one month's rent. If the landlord fails to
correct the defect within 14 days after being notified by the tenant in
writing or as promptly as conditions require in case of emergency, the
tenant may have the work done in a workmanlike manner and in compliance
with existing law and building regulations and, after submitting to the
landlord a paid bill from an appropriate tradesman or supplier, deduct
from his or her rent the amount thereof, not to exceed the limits
specified by this subsection and not to exceed the reasonable price then
customarily charged for such work. A tenant shall 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 the tenant's
family, or other person on the premises with the tenant's consent.
Before correcting a condition affecting facilities shared
by more than one dwelling unit, the tenant shall notify all other
affected tenants and shall cause the work to be done so as to create the
least practical inconvenience to the other tenants. Nothing herein shall
be deemed to grant any tenant any right to repair any common element or
dwelling unit in a building subject to a condominium regime other than
in accordance with the declaration and bylaws of such condominium
building; provided, that the declaration and bylaws have not been
created to avoid the application of this chapter.
For purposes of mechanics' lien laws, repairs performed or
materials furnished pursuant to this subsection shall not be construed
as having been performed or furnished pursuant to authority of or with
permission of the landlord.
(d) Failure to Maintain. If there is material
noncompliance by the landlord with the rental agreement or with Section
5-12-070, the tenant may notify the landlord in writing of the tenant's
intention to withhold from the monthly rent an amount which reasonably
reflects the reduced value of the premises due to the material
noncompliance. If the landlord fails to correct the condition within 14
days after being notified by the tenant in writing, the tenant may,
during the time such failure continues, deduct from the rent the stated
amount. A tenant shall not withhold rent under this subsection 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 consent.
(e) Damages and Injunctive Relief. If there is
material noncompliance by the landlord with the rental agreement or with
Section 5-12-070, the tenant may obtain injunctive relief, and/or
recover damages by claim or defense. This subsection does not preclude
the tenant from obtaining other relief to which he may be entitled under
this chapter.
(f) Failure to Provide Essential Services. If there is
material noncompliance by the landlord with the rental agreement or with
Section 5-12-070,either of which constitutes an immediate danger to the
health and safety of the tenant or if, contrary to the rental agreement
or Section 5-12-070, the landlord fails to supply heat, running water,
hot water, electricity, gas or plumbing, the tenant may give written
notice to the landlord specifying the material noncompliance or failure.
If the landlord has, pursuant to this ordinance or in the rental
agreement, informed the tenant of an address at which notices to the
landlord are to be received, the tenant shall mail or deliver the
written notice required in this section to such address. If the landlord
has not informed the tenant of an address at which notices to the
landlord are to be received, the written notice required in this section
shall be delivered by mail to the last known address of the landlord or
by other reasonable means designed in good faith to provide written
notice to the landlord. After such notice, the tenant may during the
period of the landlord's noncompliance or failure:
(1) Procure reasonable amounts of heat, running water,
hot water, electricity, gas or plumbing service, as the case may be and
upon presentation to the landlord of paid receipts deduct their cost
from the rent; or
(2) Recover damages based on the reduction in the fair
rental value of the dwelling unit; or
(3) Procure substitute housing, in which case the
tenant is excused from paying rent for the period of the landlord's
noncompliance. The tenant may recover the cost of the reasonable value
of the substitute housing up to an amount equal to the monthly rent for
the each month or portion thereof of noncompliance as prorated.
In addition to the remedies set forth in Section
5-12-110(f)(1)--(3), the tenant may:
(4) Withhold from the monthly rent an amount that
reasonably reflects the reduced value of the premises due to the
material noncompliance or failure if the landlord fails to correct the
condition within 24 hours after being notified by the tenant; provided,
however, that no rent shall be withheld if the failure is due to the
inability of the utility provider to provide service; or
(5) Terminate the rental agreement by written notice
to the landlord if the material noncompliance or failure persists for
more than 72 hours after the tenant has notified the landlord of the
material noncompliance or failure; provided, however, that no
termination shall be allowed if the failure is due to the inability of
the utility provider to provide service. If the rental agreement is
terminated, the landlord shall return all prepaid rent, security
deposits and interest thereon in accordance with Section 5-12-080 and
tenant shall deliver possession of the dwelling unit to the landlord
within 30 days after the expiration of the 72-hour time period specified
in the notice. If possession shall not be so delivered, then the
tenant's notice shall be deemed withdrawn and the lease shall remain in
full force and effect.
If the tenant proceeds under this subsection (f), he may
not proceed under subsections (c) or (d). The tenant may not exercise
his rights under this subsection 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. Before
correcting a condition, the repair of which will affect more than his
own dwelling unit, the tenant shall notify all other tenants affected
and shall cause the work to be done so as to result in the least
practical inconvenience to other tenants.
(g) Fire or Casualty Damage. If the dwelling unit or
common area 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 5-12-070, the tenant may:
(1) Immediately vacate the premises and notify the
landlord in writing within 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 the fire or casualty; 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
reduction in the fair rental value of the dwelling unit; or
(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, notify the
landlord in writing within 14 days after the tenant becomes aware that
the 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.
If the rental agreement is terminated under this
subsection (g), the landlord shall return all security and all prepaid
rent in accordance with Section 5-12-080(d). Accounting for rent in the
event of termination or apportionment shall be made as of the date of
the fire or casualty. A tenant may not exercise remedies in this
subsection if the fire or casualty damage was caused by the deliberate
or negligent act or omission of the tenant, a member of his family or a
person on the premises with his consent. |
