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5-12-130
Landlord Remedies
Every landlord shall have the remedies specified in this
section for the following circumstances:
(a) Failure to Pay Rent. If all or any portion of rent
is unpaid when due and the tenant fails to pay the unpaid rent within
five days after written notice by the landlord of his intention to
terminate the rental agreement if rent is not so paid, the landlord may
terminate the rental agreement. 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. A
landlord may also maintain an action for rent and/or damages without
terminating the rental agreement.
(b) Noncompliance by Tenant. If there is material
noncompliance by a tenant with a rental agreement or with Section
5-12-040, the landlord of such tenant's dwelling unit may deliver
written notice to the tenant specifying the acts and/or omissions
constituting the breach and that the rental agreement will terminate
upon a date not less than ten days after receipt of the notice, unless
the breach is remedied by the tenant within that period of time. If the
breach is not remedied within the 10-day period, the residential rental
agreement shall terminate as provided in the notice. The landlord may
recover damages and obtain injunctive relief for any material
noncompliance by the tenant with the rental agreement or with Section
5-12-040. If the tenant's noncompliance is wilful, the landlord may also
recover reasonable attorney's fees.
(c) Failure to Maintain. If there is material
noncompliance by the tenant with Section
5-12-040 (other than subsection
(g) thereof), and the tenant fails to comply as promptly as conditions
permit in case of emergency or in cases other than emergencies within 14
days of receipt of 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 have the necessary work done in
the manner required by law. The landlord shall be entitled to
reimbursement from the tenant of the costs of repairs under this
section.
(d) Disturbance of Others. If the tenant violates
Section 5-12-040(g) within 60 days after receipt of a written notice as
provided in subsection (b), the landlord may obtain injunctive relief
against the conduct constituting the violation, or may terminate the
rental agreement on ten days' written notice to the tenant.
(e) Abandonment. Abandonment of the dwelling unit
shall be deemed to have occurred when:
(1) Actual notice has been provided to the landlord by
the tenant indicating the tenant's intention not to return to the
dwelling unit; or
(2) All persons entitled under a rental agreement to
occupy the dwelling unit have been absent from the unit for a period of
21 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; or
(3) All persons entitled under a rental agreement to
occupy the dwelling unit have been absent from the unit for a period of
32 days, and rent for that period is unpaid.
Notwithstanding the above, abandonment of the dwelling
unit shall not be deemed to have occurred if any person entitled to
occupancy has provided the landlord a written notice indicating that he
still intends to occupy the unit and makes full payment of all amounts
due to the landlord.
If the tenant abandons the dwelling unit, the landlord
shall make a good faith effort to re-rent it at a fair rental, which
shall be the rent charged for comparable dwelling units in the premises
or in the same neighborhood. If the landlord succeeds in re-renting the
dwelling unit at a fair rental, the tenant shall 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
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 re-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 the
reasonable advertising expenses and reasonable redecoration costs
incurred by the landlord pursuant to this subsection.
(f) Disposition of Abandoned Property. If the tenant
abandons the dwelling unit as described in subsection (e) hereof, or
fails to remove his personal property from the premises after
termination of a rental agreement, the landlord shall leave the property
in the dwelling unit or remove and store all abandoned property from the
dwelling unit and may dispose of the property after seven days.
Notwithstanding the foregoing, if the landlord reasonably believes such
abandoned property to be valueless or of such little value that the cost
of storage would exceed the amount that would be realized from sale, or
if such property is subject to spoilage, the landlord may immediately
dispose of such property.
(g) Waiver of Landlord's Right to Terminate. If the
landlord accepts the rent due knowing that there is a default in payment
of rent by the tenant he thereby waives his right to terminate the
rental agreement for that breach.
(h) Remedy After Termination. If the rental agreement
is terminated, the landlord shall have a claim for possession and/or for
rent.
(i) Notice or Renewal of Rental Agreement. No tenant
shall be required to renew a rental agreement more than 90 days prior to
the termination date of the rental agreement. If the landlord violates
this subsection, the tenant shall recover one month's rent or actual
damages, whichever is greater.
(j) Notice or Refusal to Renew Rental Agreement.
Provided that the landlord has not exercised, or is not in the process
of exercising, any of its rights under Section
5-12-130(a)--(h) hereof,
the landlord shall notify the tenant in writing at least 30 days prior
to the stated termination date of the rental agreement of the landlord's
intent either to terminate a month to month tenancy or not to renew an
existing rental agreement. If the landlord fails to give the required
written notice, the tenant may remain in the dwelling unit for up to 60
days after the date on which such required written notice is given to
the tenant, regardless of the termination date specified in the existing
rental agreement. During such occupancy, the terms and conditions of the
tenancy (including, without limitation, the rental rate) shall be the
same as the terms and conditions during the month of tenancy immediately
preceding the notice; provided, however, that if rent was waived or
abated in the preceding month or months as part of the original rental
agreement, the rental amount during such 60-day period shall be at the
rate established on the last date that a full rent payment was made. |
