Part VI. Remedies and Penalties
Document Actions
521-61 - Tenant's Remedies for Failure by Landlord to Supply Possession
521-62 - Tenant's Remedy of Termination at Beginning of Term
521-63 - Tenant's Remedy of Termination at any Time; Unlawful Removal or Exclusion
521-64 - Tenant's Remedy of Repair and Deduction for Minor Defects
521-65 - Tenant's Remedies for Fire or Casualty Damage
521-66 - Tenant's Right to Refund of Rent, Etc., on Termination; Return of Security Deposit
521-67 - Tenant's Remedy for Failure by Landlord to Disclose
521-68 - Landlord's Remedies for Failure by Tenant to Pay Rent
521-69 - Landlord's Remedies for Tenant's Waste, Failure to Maintain, or Unlawful use
521-69.5 - Repealed
521-70 - Landlord's Remedies for Absence, Misuse, Abandonment and Failure to Honor Tenancy Before Occupancy
521-71 - Termination of Tenancy; Landlord's Remedies for Holdover Tenants
521-72 - Landlord's Remedies for Improper use
521-73 - Landlord's and Tenant's Remedies for Abuse of Access
521-74 - Retaliatory Evictions and Rent Increase Prohibited
521-74.5 - Recovery of Possession Limited
521-75 - Unconscionability
521-76 - Repealed
521-77 - Investigation and Resolution of Complaints by the Office of Consumer Protection
521-78 - Rent Trust Fund
| §521-61 Tenant's remedies for failure by landlord to supply possession. | ||||||||||||||||||||
| (a) | If the landlord fails to put the tenant into possession of the dwelling unit in the agreed condition at the beginning of the agreed term: | |||||||||||||||||||
| ||||||||||||||||||||
| (b) | In any district court proceeding brought by the tenant under this section the court may award the tenant substitute housing expenditures, reasonable court costs, and attorney's fees. [L 1972, c 132, pt of §1; am L 1976, c 90, §4; gen ch 1985] | |||||||||||||||||||
| [§521-62] Tenant's remedy of termination at beginning of term. | ||||||||||||||||||||
| If the landlord fails to conform to the rental agreement, or is in material noncompliance with section 521-42(a), the tenant may, on notice to the landlord, terminate the rental agreement and vacate the dwelling unit at any time during the first week of occupancy. The tenant shall retain such right to terminate beyond the first week of occupancy so long as the tenant remains in possession in reliance on a promise, whether written or oral, by the landlord to correct all or any part of the condition which would justify termination by the tenant under this section. [L 1972, c 132, pt of §1; gen ch 1985] | ||||||||||||||||||||
| §521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion. | ||||||||||||||||||||
| (a) | If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. | |||||||||||||||||||
| (b) | If the condition referred to in subsection (a) was caused wilfully or negligently by the landlord, the tenant may recover any damages sustained as a result of the condition. | |||||||||||||||||||
| (c) | If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees. If the rental agreement is terminated, the landlord shall comply with section 521-44(c). The court may also order any injunctive or other equitable relief it deems proper. If the court determines that the removal or exclusion by the landlord was with cause or was authorized by court order, the court may award the landlord the cost of suit, including reasonable attorney's fees if the attorney is not a salaried employee of the landlord or the landlord's assignee. [L 1972, c 132, pt of §1; am L 1981, c 235, §2; gen ch 1985] | |||||||||||||||||||
|
Rules of Court Case Notes | ||||||||||||||||||||
| §521-64 Tenant's remedy of repair and deduction for minor defects. | ||||||||||||||||||||
| (a) | The landlord, upon written notification by the department of health or other state or county agencies that there exists a condition on the premises which constitutes a health or safety violation, shall commence repairs of the condition within five business days of the notification with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence the repairs within five business days for reasons beyond the landlord's control the landlord shall inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence. Health or safety violations for the purpose of this section means any condition on the premises which is in noncompliance with section 521-42(a)(1). | |||||||||||||||||||
| (b) | If the landlord fails to perform in the manner specified in subsection (a), the tenant may: | |||||||||||||||||||
| ||||||||||||||||||||
| (c) | The landlord, upon written notification by the tenant of any defective condition on the premises which is in material noncompliance with section 521-42(a) or with the rental agreement, shall commence repairs of the condition within twelve business days of the notification with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within twelve business days for reasons beyond the landlord's control the landlord shall inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence. In any case involving repairs, except those required due to misuse by the tenant, to electrical, plumbing, or other facilities, including major appliances provided by the landlord pursuant to the rental agreement, necessary to provide sanitary and habitable living conditions, the landlord shall commence repairs within three business days of receiving oral or written notification, with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within three business days for reasons beyond the landlord's control the landlord shall inform the tenant of the reasons for the delay and set a reasonable tentative date on which repairs will commence. | |||||||||||||||||||
| (d) | If the landlord fails to perform in the manner specified in subsection (c), the tenant may immediately do or have done the necessary work in a competent manner and upon submission to the landlord of receipts amounting to at least the sums deducted, deduct from the tenant's rent not more than $500 for the tenant's actual expenditures for work done to correct the defective condition. | |||||||||||||||||||
| (e) | At the time the tenant initially notifies the landlord under subsection (c), the tenant shall list every condition that the tenant knows or should know of noncompliance under subsection (c), in addition to the objectionable condition that the tenant then intends to correct or have corrected at the landlord's expense. Failure by a tenant to list such a condition that the tenant knew of or should have known of shall estop the tenant from requiring the landlord to correct it and from having it corrected at the landlord's expense under this section for a period of six months after the initial notification to the landlord. Total correction and repair work costs under this section chargeable to the landlord's expense during each six-month period shall not exceed an amount equal to three months' rent. | |||||||||||||||||||
| (f) | In no event may a tenant repair a dwelling unit at the landlord's expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. | |||||||||||||||||||
| (g) | Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other tenants sharing such facilities of the tenant's plans, and shall so arrange the work as to create the least practicable inconvenience to the other tenants. [L 1972, c 132, pt of §1; am L 1974, c 180, §4; am L 1975, c 104, §2; am L 1976, c 90, §5; am L 1981, c 235, §3; am L 1982, c 211, §1; gen ch 1985; am L 1995, c 42, §1] | |||||||||||||||||||
| [§521-65] Tenant's remedies for fire or casualty damage. | ||||||||||||||||||||
| When the dwelling unit or any part of the premises or appurtenances reasonably necessary to the benefit and enjoyment thereof is rendered partially or wholly unusable by fire or other casualty which occurs without wilful fault on the part of the tenant or a member of the tenant's family, the tenant may: | ||||||||||||||||||||
| (1) | Immediately quit the premises and notify the landlord of the tenant's election to quit within one week after quitting, in which case the rental agreement shall terminate as of the date of quitting, but if the tenant fails to notify the landlord of the tenant's election to quit, the tenant shall be liable for rent accruing to the date of the landlord's actual knowledge of the tenant's quitting or impossibility of further occupancy; or | |||||||||||||||||||
| (2) | If continued occupancy is otherwise lawful, vacate any part of the premises rendered unusable by the fire or other casualty, in which case the tenant's liability for rent shall be no more than the fair rental value of that part of the premises which the tenant continues to use and occupy. [L 1972, c 132, pt of §1; gen ch 1985] | |||||||||||||||||||
| [§521-66] Tenant's right to refund of rent, etc., on termination; return of security deposit. | ||||||||||||||||||||
| When a tenant exercises a right to terminate the rental agreement pursuant to section 521-62, 521-63, or 521-65 the landlord shall return to the tenant, not later than fourteen days after the termination, the amount of any advance rent paid apportionable to the remaining days of the term and the amount of any security deposit that the landlord is not authorized to retain pursuant to section 521-44. A return of advance rent or of a security deposit complies with the requirements of this section if it is mailed to the tenant, at an address supplied to the landlord by the tenant, by certified mail, return receipt requested, and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement. [L 1972, c 132, pt of §1] | ||||||||||||||||||||
| [§521-67] Tenant's remedy for failure by landlord to disclose. | ||||||||||||||||||||
| If the landlord fails to comply with any disclosure requirement specified in section 521-43 within ten days after proper demand therefor by the tenant, the landlord shall be liable to the tenant for $100 plus reasonable attorney's fees. [L 1972, c 132, pt of §1] | ||||||||||||||||||||
| §521-68 Landlord's remedies for failure by tenant to pay rent. | ||||||||||||||||||||
| (a) | A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession. | |||||||||||||||||||
| (b) | A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985] | |||||||||||||||||||
| ||||||||||||||||||||
| §521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use. | ||||||||||||||||||||
| (a) | If the tenant is in material noncompliance with section 521-51, the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance: | |||||||||||||||||||
| ||||||||||||||||||||
| No allowance of time to remedy noncompliance shall be required when noncompliance by the tenant causes or threatens to cause irremediable damage to any person or property. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit. | ||||||||||||||||||||
| (b) | The landlord may terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession for any material noncompliance with section 521-51 by a roomer or boarder if the roomer or boarder fails to comply within the time specified in the notice. | |||||||||||||||||||
| (c) | The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant's wilful or negligent failure to comply with the tenant's obligations under section 521-51. [L 1972, c 132, pt of §1; am L 1976, c 90, §6; am L 1978, c 167, §2; am L 1983, c 146, §1; gen ch 1985] | |||||||||||||||||||
|
Case Notes | ||||||||||||||||||||
| §521-69.5 REPEALED. | ||||||||||||||||||||
| L 1991, c 212, §10. | ||||||||||||||||||||
| ||||||||||||||||||||
| §521-70 Landlord's remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy. | ||||||||||||||||||||
| (a) | If the rental agreement provides for notification of the landlord by the tenant of an anticipated extended absence and the tenant fails to make reasonable efforts to comply with such requirement, the tenant shall indemnify the landlord for any damage resulting from such absence. | |||||||||||||||||||
| (b) | The landlord may, during any extended absence of the tenant, enter the dwelling unit as reasonably necessary for purposes of inspection, maintenance, and safe-keeping or for the purposes permitted by section 521-53(a). | |||||||||||||||||||
| (c) | Unless otherwise provided in the rental agreement, use of the dwelling unit by the tenant for any other purpose than as the tenant's abode, or nonuse of the dwelling unit, constitutes a breach of the tenant's obligations under section 521-52 and entitles the landlord to proceed as provided in section 521-72. | |||||||||||||||||||
| (d) | If the tenant wrongfully quits the dwelling unit and unequivocally indicates by words or deeds the tenant's intention not to resume the tenancy, the tenant shall be liable to the landlord for the lesser of the following amounts for such abandonment: | |||||||||||||||||||
| ||||||||||||||||||||
| (e) | If the tenant unequivocally indicates by words or deed the tenant's intention not to honor the tenancy before occupancy, the tenant shall be liable to the landlord for the lesser of the following amounts: | |||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| §521-71 Termination of tenancy; landlord's remedies for holdover tenants. | ||||||||||||||||||||
| (a) | When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation. | |||||||||||||||||||
| (b) | When the tenancy is month-to-month the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination. When the tenant provides notice of termination, the tenant shall be responsible for the payment of rent through the twenty-eighth day. | |||||||||||||||||||
| (c) | Before a landlord terminates a month-to-month tenancy where the landlord contemplates voluntary demolition of the dwelling units, conversion to a condominium property regime under chapter 514B, or changing the use of the building to transient vacation rentals, the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the anticipated demolition or anticipated termination. If notice is revoked or amended and reissued, the notice period shall begin from the date it was reissued or amended. Any notice provided, revoked, or amended and reissued shall be in writing. When the landlord provides notification of termination pursuant to this subsection, the tenant may vacate at any time within the one-hundred-twenty-day period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation. | |||||||||||||||||||
| (d) | When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination. | |||||||||||||||||||
| (e) | Whenever the term of the rental agreement expires, whether by passage of time, by mutual agreement, by the giving of notice as provided in subsection (a), (b), (c), or (d) or by the exercise by the landlord of a right to terminate given under this chapter, if the tenant continues in possession after the date of termination without the landlord's consent, the tenant may be liable to the landlord for a sum not to exceed twice the monthly rent under the previous rental agreement, computed and prorated on a daily basis, for each day the tenant remains in possession. The landlord may bring a summary proceeding for recovery of the possession of the dwelling unit at any time during the first sixty days of holdover. Should the landlord fail to commence summary possession proceedings within the first sixty days of the holdover, in the absence of a rental agreement, a month-to-month tenancy at the monthly rent stipulated in the previous rental agreement shall prevail beginning at the end of the first sixty days of holdover. | |||||||||||||||||||
| (f) | Any notice of termination initiated for the purposes of evading the obligations of the landlord under subsections 521-21(d) or (e) shall be void. [L 1972, c 132, pt of §1; am L 1975, c 104, §3; am L 1978, c 124, §2; am L 1979, c 95, §1; am L 1980, c 189, §4; am L 1982, c 211, §2; am imp L 1985, c 164, §5; gen ch 1985; am L 1987, c 29, §1; am L 1988, c 65, §2 and c 307, §4; am L 1989, c 169, §2; am L 1990, c 57, §2; am L 1991, c 194, §1; am L 1995, c 41, §1; am L 1996, c 221, §1] | |||||||||||||||||||
| ||||||||||||||||||||
| §521-72 Landlord's remedies for improper use. | ||||||||||||||||||||
| (a) | If the tenant breaches any rule authorized under section 521-52, the landlord may notify the tenant in writing of the tenant's breach. The notice shall specify the time, not less than ten days, within which the tenant is required to remedy the breach and shall be in substantially the following form: | |||||||||||||||||||
| ||||||||||||||||||||
| You are hereby notified that you have failed to perform according to the following rule: | ||||||||||||||||||||
| (specify rule allegedly breached) | ||||||||||||||||||||
| Be informed that if you (continue violating) (again violate) this rule after (a date not less than ten days after this notice), the landlord may terminate the rental agreement and sue for possession of your dwelling unit." | ||||||||||||||||||||
| No allowance of time to remedy the breach of any rule authorized under section 521-52 shall be required when the breach by the tenant causes or threatens to cause damage to any person or constitutes a violation of section 521-51(1) or (6). | ||||||||||||||||||||
| (b) | If the breach complained of continues or recurs after the date specified in the notice, the landlord may bring a summary proceeding for possession within thirty days after such continued or recurring breach. [L 1972, c 132, pt of §1; am L 1976, c 90, §7; am L 1983, c 146, §2; gen ch 1985] | |||||||||||||||||||
| §521-73 Landlord's and tenant's remedies for abuse of access. | ||||||||||||||||||||
| (a) | The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access as provided in section 521-53(a). | |||||||||||||||||||
| (b) | Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord: | |||||||||||||||||||
| ||||||||||||||||||||
| (c) | In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord's permission or license which is unreasonable and not consented to by the tenant: | |||||||||||||||||||
| ||||||||||||||||||||
| (d) | Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent by a tenant to a particular entry, shall be void. [L 1972, c 132, pt of §1; am L 1975, c 104, §4; gen ch 1985] | |||||||||||||||||||
| ||||||||||||||||||||
| §521-74 Retaliatory evictions and rent increases prohibited. | ||||||||||||||||||||
| (a) | Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, nor demand an increase in rent from the tenant; nor decrease the services to which the tenant has been entitled, after: | |||||||||||||||||||
| ||||||||||||||||||||
| (b) | Notwithstanding subsection (a), the landlord may recover possession of the dwelling unit if: | |||||||||||||||||||
| ||||||||||||||||||||
| (c) | Any tenant from whom possession has been recovered or who has been otherwise involuntarily dispossessed, in violation of this section, is entitled to recover the damages sustained by the tenant and the cost of suit, including reasonable attorney's fees. | |||||||||||||||||||
| (d) | Notwithstanding subsection (a), the landlord may increase the rent if: | |||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| §521-74.5 Recovery of possession limited. | ||||||||||||||||||||
| The landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the tenant contrary to the rental agreement or Section 521-42, except in case of abandonment or surrender. A landlord who engages in this act shall be deemed to have engaged in an unfair method of competition or unfair and deceptive acts or practices in the conduct of any trade or commerce within the meaning of section 480-2; provided that in addition to the penalties available under section 480-3.1, there shall also be minimum damages of three times the monthly rent or $1,000, whichever is greater. [L 1987, c 125, §1; am L 1990, c 34, §33] | ||||||||||||||||||||
| [§521-75] Unconscionability. | ||||||||||||||||||||
| (a) | In any court action or proceeding with respect to a rental agreement, if the court as a matter of law finds the agreement or any provision of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable provision, or it may so limit the application of any unconscionable provision as to avoid any unconscionable result. | |||||||||||||||||||
| (b) | If it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination. | |||||||||||||||||||
| (c) | For the purposes of this section, an act or practice expressly permitted by this chapter is not in itself unconscionable. [L 1972, c 132, pt of §1] | |||||||||||||||||||
| §521-76 REPEALED. | ||||||||||||||||||||
| L 1976, c 77, §1. | ||||||||||||||||||||
| [§521-77] Investigation and resolution of complaints by the office of consumer protection. | ||||||||||||||||||||
| The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter. [L 1976, c 77, §2] | ||||||||||||||||||||
| §521-78 Rent trust fund. | ||||||||||||||||||||
| (a) | At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subsection (c), and in the case of a proceeding in which a rent increase is in issue, the amount of the rent prior to the increase; provided that the tenant shall not be required to deposit any rent where the tenant can show to the court's satisfaction that the rent has already been paid to the landlord; provided further that if the parties had executed a signed, written instrument agreeing that the rent could be withheld or deducted, the court shall not require the tenant to deposit rent into the fund. No deposit of rent into the fund ordered under this section shall affect the tenant's rights to assert either that payment of rent was made or that any grounds for nonpayment of rent exist under this chapter. | |||||||||||||||||||
| (b) | If the tenant is unable to comply with the court's order under subsection (a) in paying the required amount of rent into the court, the landlord shall have judgment for possession and execution shall issue accordingly. The writ of possession shall issue to the sheriff or to a police officer of the circuit where the premises are situated, commanding the sheriff or police officer to remove all persons from the premises, and to put the landlord, or the landlord's agent, into the full possession thereof. | |||||||||||||||||||
| (c) | The court in which the dispute is being heard shall accept and hold in trust any rent deposited under this section and shall make such payments out of money collected as provided herein. The court shall order payment of such money collected or portion thereof to the landlord if the court finds that the rent is due and has not been paid to the landlord and that the tenant did not have any basis to withhold, deduct, or otherwise set off the rent not paid. The court shall order payment of such money collected or portion thereof to the tenant if the court finds that the rent is not due or has been paid, or that the tenant had a basis to withhold, deduct, or otherwise set off the rent not paid. | |||||||||||||||||||
| (d) | The court shall, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, order that person to pay the other party reasonable interest on the rent deposited into the court. [L 1978, c 75, §2; am L 1981, c 235, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] | |||||||||||||||||||
| ||||||||||||||||||||