Sec. 42-808 - Landlord Rights

 

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 8:00 AM and 8:00 PM 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.