Section 34-18-1. – Short title.
§ 34-18-1. Short title. This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act”. History of Section.P.L. 1986, ch. 200, § 2.
Section 34-18-10. – Service of process for actions pursuant to chapter.
§ 34-18-10. Service of process for actions pursuant to chapter. (a)(1) In actions for nonpayment of rent, the summons for eviction for nonpayment of rent shall be in the form provided in § 34-18-56(g). At the time of filing of the complaint, the clerk shall enter the date of hearing upon the summons, which shall […]
Section 34-18-11. – Definitions.
§ 34-18-11. Definitions. Subject to additional definitions contained in subsequent sections of this chapter which apply to specific sections thereof, and unless the context otherwise requires, in this chapter: (1) “Abandonment” means the tenant has vacated the premises without notice to the landlord and has no intention of returning, as evidenced by nonpayment of rent […]
Section 34-18-12. – Obligation of good faith.
§ 34-18-12. Obligation of good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. History of Section.P.L. 1986, ch. 200, § 2.
Section 34-18-13. – Unconscionability.
§ 34-18-13. Unconscionability. (a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable […]
Section 34-18-14. – Notice.
§ 34-18-14. Notice. (a)(1) A person has notice of a fact if: (i) He or she has actual knowledge of it; (ii) He or she has received a notice or notification of it; or (iii) From all the facts and circumstances known to him or her at the time in question he or she has […]
Section 34-18-15. – Terms and conditions of rental agreement.
§ 34-18-15. Terms and conditions of rental agreement. (a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (b) In absence of agreement, […]
Section 34-18-16. – Effect of unsigned or undelivered rental agreement.
§ 34-18-16. Effect of unsigned or undelivered rental agreement. (a) If the landlord does not sign and deliver a written rental agreement signed and delivered to him or her by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered […]
Section 34-18-16.1. – Rent increases — Notice requirements.
§ 34-18-16.1. Rent increases — Notice requirements. (a) Prior to an increase in rent being imposed by a landlord for a residential tenancy, notice of the increase shall be given in writing to any tenant by a landlord at least thirty (30) days prior to the effective date of the increase. (b) A landlord must […]
Section 34-18-17. – Prohibited provisions in rental agreements.
§ 34-18-17. Prohibited provisions in rental agreements. (a) A rental agreement may not provide that the tenant: (1) Agrees to waive or forego rights or remedies under this chapter; (2) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) Agrees to pay the landlord’s attorney’s fees inconsistent with […]
Section 34-18-18. – Receipt of rent free of maintenance obligations forbidden.
§ 34-18-18. Receipt of rent free of maintenance obligations forbidden. A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit the receipt of rent free of the obligation to comply with § 34-18-22(a). History of Section.P.L. 1986, ch. 200, § 2.
Section 34-18-19. – Security deposits.
§ 34-18-19. Security deposits. (a) A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month’s periodic rent. (b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall be the entire amount given by the tenant as a […]
Section 34-18-2. – Purposes — Rules of construction.
§ 34-18-2. Purposes — Rules of construction. (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) Underlying purposes and policies of this chapter are to: (1) Simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlords and […]
Section 34-18-20. – Disclosure.
§ 34-18-20. Disclosure. (a) A landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name, address and number of: (1) The person authorized to manage the premises; and (2) An owner of […]
Section 34-18-21. – Landlord to deliver possession of dwelling unit.
§ 34-18-21. Landlord to deliver possession of dwelling unit. At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and § 34-18-22. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided […]
Section 34-18-22. – Landlord to maintain premises.
§ 34-18-22. Landlord to maintain premises. (a) A landlord shall: (1) Comply with the requirements of applicable building and housing codes affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in […]
Section 34-18-22.1. – Landlord’s duty to notify tenant of violation.
§ 34-18-22.1. Landlord’s duty to notify tenant of violation. (a) A landlord, when cited by a state or local minimum housing code enforcement agency for a housing code violation, shall, within thirty (30) days of receipt of the notice, deliver a copy of the notice of violation to each residential tenant of the building affected […]
Section 34-18-22.2. – Landlord’s duty regarding compliance with zoning and minimum housing laws.
§ 34-18-22.2. Landlord’s duty regarding compliance with zoning and minimum housing laws. Whenever any landlord, either by his or her own labor or through the use of others acting on his or her behalf, undertakes physical alterations to an existing building which alterations create a residential apartment or apartments, and the landlord knew or should […]
Section 34-18-22.3. – Nonresident landlord to designate agent for service of process.
§ 34-18-22.3. Nonresident landlord to designate agent for service of process. A landlord who is not a resident of this state shall designate and continuously maintain an agent upon whom service may be made of any process, notice, or demand required or permitted by law to be served, including, but not limited to, notices of […]
Section 34-18-23. – Limitation of liability upon sale or change of management.
§ 34-18-23. Limitation of liability upon sale or change of management. (a)(1) A landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice […]