Landlord Responsibility
Conditions a Tenant May Expect From Landlord
The law provides that a tenant may expect certain things from the landlord, as the Landlord will expect from from the tenant.
Landlords Responsibility are below.
A. Have the unit ready for the tenant to move in at the time and in the condition
agreed upon. Section 41.Landlord Obligations 14
B. Provide safe and healthy premises as required by law. Section 42(a)(1) & (2).
C. Make all repairs and arrangements necessary to keep the premises in a livable
condition. Section 42(a)(3).
D. Maintain all electrical, plumbing and other facilities in good working condition.
Section 42(a)(4).
E. Provide and maintain garbage bins and arrange for frequent removal of waste
materials except in the case of a single family residence. Section 42(a)(5).
F. Provide for the supplying of running water as reasonably required except in the
case where the building is specifically exempted by law. Section 42(a)(6).
Various sections of the Code require both the landlord and the tenant to comply with all
applicable building and housing laws affecting health and safety. To accomplish this, the
landlord and the tenant may agree that the tenant will perform certain minor repairs,
minor remodeling, or maintenance tasks. However, this type of agreement will be
effective only if:
A. It is made in good faith and not for the landlord to avoid any other obligations.
B. The agreement does not reduce any obligations the landlord may have to other
tenants.
Rental Agreement; Disclosure – Section 43.
A. Written Agreements. When a rental agreement is in writing the landlord shall
furnish a copy of the lease or rental agreement to the tenant.
B. Receipts for Rent. The landlord shall issue receipts for all rents paid. Canceled
checks may constitute such receipts, but the tenant may request a landlord’s
written receipt in addition to the canceled checks.
C. Disclosure of Owner or Manager. The tenant shall be given, in writing, the
name and address of the owner or the owner’s agent authorized to receive rent,
notices, and demands. This information must be kept current at all times. If the
required information is not given to the tenant, the person renting to the tenant
becomes the responsible party for all obligations of the landlord under the Code.
1. In single-owner apartment buildings the required disclosures may be
made by placing the notice in elevators and one other conspicuous place
or, if there are no elevators, in two conspicuous places.Landlord Obligations / Tenant Obligations 15
2. In apartment buildings with more than one owner, a notice shall be posted
within the unit.
D. Absentee Landlord’s Agent. An absentee landlord shall designate an agent to
act on the landlord’s behalf. The agent must reside on the same island as the
rental unit.
E. Tenant’s Right to Demand Disclosure. If the name and address of the owner
or the owner’s agent are not given to a tenant under an oral agreement, the
tenant may demand such information. Disclosure of the names and addresses of
landlord or agent must then be supplied to the tenant in writing within ten days.
F. Tenant’s Remedy for Non-Disclosure. If the landlord fails to comply with any
disclosure required by Section 43 within ten days after proper demand by a
tenant, the landlord shall be liable to the tenant for $100.00 plus attorney’s fee.
(Section 67. See also TENANT REMEDIES: “Non-Disclosure.”)
G. General Excise Tax Number Disclosure. Landlords shall provide their general
excise tax number to all tenants for the purpose of filing for a low-income tax
credit.
Access – Section 53(b). Except in an emergency, the landlord must give the tenant at
least two days’ notice and, with the tenant’s approval, may enter the tenant’s unit only
during reasonable hours.
The landlord shall not abuse this right of access nor use it to harass the tenant.
Landlord Rights
Failure to Pay Rent – Section 68(a). The landlord may demand payment of rent
anytime after it is due. The landlord may notify the tenant in writing that unless payment
is made within five business days after tenant receives the notice, the rental agreement
will be terminated. If the tenant does not pay the past-due rent in full after receiving the
landlord’s notice, the landlord may sue to evict the tenant. (It is suggested that the
landlord provide notice to the tenant by certified mail or by hand delivery. If this is not
possible, the law allows the landlord to post a notice in a conspicuous place on the
dwelling unit.)
Court Action for Rent Payment – Sections 68(b). The landlord may sue for rent alone
anytime after demanding payment of past-due rent and notifying the tenant of the
landlord’s intention to bring such action.
Rent Trust Fund – Section 78. After court action involving a dispute concerning the
payment or nonpayment of rent has been initiated, the Code provides that, upon
request of either the tenant or the landlord, the court shall order the tenant to pay the
disputed rent to the court as it becomes due.
A. If a rent increase is in dispute, the court shall order the tenant to deposit into
court the amount of the rent prior to the increase.
B. The tenant need not make such payments to the court if the tenant can show that
the rent has already been paid to the landlord or a written agreement exists
between the parties providing that rent can be withheld or deducted.
C. If the tenant fails to comply with the court’s order to make payments to the Rent
Trust Fund, the landlord shall be entitled to a judgment for possession. Execution
will be issued accordingly, and the tenant and the personal property of the tenant
shall then be removed from the premises by the appropriate officials.
D. The court can pay the landlord out of the Rent Trust Fund if the court determines
that rent was not paid. It may pay the tenant if rent was paid or properly withheld
or deducted.
E. A party acting in bad faith shall be liable for reasonable interest on the rent
deposited with the court.
Tenant Negligence, Failure to Maintain, or Unlawful Use – Section 69. The landlord
may take the following steps in cases where the tenant does not comply with the
tenant’s obligations to maintain the unit (Section 51):Landlord Remedies 18
A. The landlord may notify the tenant in writing of the problem and specify a time
(not less than 10 days) in which the tenant must correct the problem.
B. If the tenant cannot be otherwise notified in writing, the landlord may give notice
of the tenant’s violations by posting the notice in a conspicuous place on the
dwelling unit;
C. If the tenant does not correct the problem within the time specified the landlord
may:
1. Terminate the rental agreement and sue to evict the tenant; or
2. Correct the problem and bill the tenant for it.
D. If the landlord finds out that a tenant’s action or lack of it may cause irremediable
damage to person or property, the landlord need not give the tenant any time for
correction. Instead the landlord may proceed immediately to end the agreement
or make the repair and bill the tenant.
Absence – Section 70(a) & (b). If a rental agreement provides that the tenant must
notify the landlord of any extended absence, such as vacation, and this is not done, the
landlord may collect for any damage resulting from such absence.
During an extended absence of the tenant the landlord may enter the unit as may be
reasonably necessary for safekeeping, inspection, maintenance, and to show the
dwelling to prospective purchasers and tenants.
Misuse – Section 70(c). Unless provided in the rental agreement, the tenant may not
use a dwelling unit for any purpose other than as the tenant’s residence or home. If the
tenant violates this requirement, the landlord may terminate the agreement and sue for
eviction.
Abandonment – Section 70(d). If the tenant vacates the unit wrongfully, with no
intention of resuming the tenancy, the landlord is entitled to the lesser of:
A. The entire rent for the remainder of the term;
B. The daily rent for the period necessary to re-rent the dwelling, plus a reasonable
commission, plus the difference between the rent agreed to in the prior rental
agreement and the fair rental value.
Tenant Quits Before Occupancy – Section 70(e). If the tenant changes his or her
mind about taking the unit before moving in, the tenant shall be liable to the landlord for
the lesser of the following amounts:
A. All monies deposited with the landlord;Landlord Remedies 19
B. One month’s rent at the rate agreed upon in the rental agreement;
C. The daily rent for the period necessary to re-rent the dwelling, plus the difference
between the rent agreed to in the rental agreement and the fair rental value, plus
reasonable cost and commission.
Landlord’s Remedies for Improper Use – Section 72(a) & (b). If the tenant does not
comply with the rules regarding use of the dwelling (see TENANT OBLIGATIONS:
“Compliance With Rules”), the landlord may notify the tenant in writing of the breach.
The notice shall specify the time (not less than 10 days) within which the tenant must
remedy the breach.
If the tenant continues to breach the rule after the date specified in the notice and the
landlord wants to evict the tenant, the landlord must sue within 30 days of the continued
breach. The landlord may sue immediately to evict the tenant and need not give the
tenant time to correct a rule violation when:
A. A tenant violates state or county laws relating to health and safety;
B. A tenant or the tenant’s friend or family member purposely destroys or
extensively damages the rental unit or any part of the premises;
C. The breaking of a house rule causes or threatens to cause injury to a person.
Tenant’s Refusal to Allow Reasonable Access – Section 73(a). If the tenant refuses
to allow the landlord reasonable entry into the dwelling unit, the tenant shall be liable to
the landlord for losses suffered by such refusal.
Entry in Case of Emergencies – Section 53(b) & (c). The landlord may enter a
dwelling without permission of the tenant in cases of emergency such as fire, weather
damage, abandonment and extended absence (see LANDLORD REMEDIES:
“Absence” and “Abandonment”).Landlord Remedies 20
Sample form for the landlord’s notice (See LANDLORD’S REMEDIES: “Landlord’s
Remedies for Improper Use,” Section 72).
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