Residential Rental Lease Agreement
Implied warranty and covenant of habitability
1. Definition. As used in this section, the term "dwelling
unit" shall include mobile homes, apartments, buildings or other structures,
including the common areas thereof, which are rented for human habitation.
[1977, c. 401, § 4 (new).]
2. Implied warranty of fitness for human habitation. In any
written or oral agreement for rental of a dwelling unit, the landlord shall
be deemed to covenant and warrant that the dwelling unit is fit for human
habitation. [1977, c. 401, § 4 (new).]
3. Complaints. If a condition exists in a dwelling unit which
renders the dwelling unit unfit for human habitation, then a tenant may
file a complaint against the landlord in the District Court or Superior
Court. The complaint shall state that:
A. A condition, which shall be described, endangers or materially
impairs the health or safety of the tenants; [1977, c. 401, § 4 (new).]
B. The condition was not caused by the tenant or another person
acting under his control; [1977, c. 401, § 4 (new).]
C. Written notice of the condition without unreasonable delay,
was given to the landlord or to the person who customarily collects rent
on behalf of the landlord; [1977, c. 401, § 4 (new).]
D. The landlord unreasonably failed under the circumstances
to take prompt, effective steps to repair or remedy the condition; and
[1977, c. 401, § 4 (new).]
E. The tenant was current in rental payments owing to the
landlord at the time written notice was given. [1977, c. 401, § 4
(new).] The notice requirement of paragraph C may be satisfied by actual
notice to the person who customarily collects rents on behalf of the landlord.
[1977, c. 401, § 4 (new).]
4. Remedies. If the court finds that the allegations in the
complaint are true, the landlord shall be deemed to have breached the warranty
of fitness for human habitation established by this section, as of the
date when actual notice of the condition was given to the landlord. In
addition to any other relief or remedies which may otherwise exist, the
court may take one or more of the following actions.
A. The court may issue appropriate injunctions ordering the
landlord to repair all conditions which endanger or materially impair the
health or safety of the tenant; [1977, c. 401, § 4 (new).]
B. The court may determine the fair value of the use and occupancy
of the dwelling unit by the tenant from the date when the landlord received
actual notice of the condition until such time as the condition is repaired,
and further declare what, if any, moneys the tenant owes the landlord or
what, if any, rebate the landlord owes the tenant for rent paid in excess
of the value of use and occupancy. In making this determination, there
shall be a rebuttable presumption that the rental amount equals the fair
value of the dwelling unit free from any condition rendering it unfit for
human habitation. A written agreement whereby the tenant accepts specified
conditions which may violate the warranty of fitness for human habitation
in return for a stated reduction in rent or other specified fair consideration
shall be binding on the tenant and the landlord. [1977, c. 696, §
164 (amd).]
C. The court may authorize the tenant to temporarily vacate
the dwelling unit if the unit must be vacant during necessary repairs.
No use and occupation charge shall be incurred by a tenant until such time
as the tenant resumes occupation of the dwelling unit. If the landlord
offers reasonable, alternative housing accommodations, the court may not
surcharge the landlord for alternate tenant housing during the period of
necessary repairs. [1981, c. 428, § 9 (amd).]
D. The court may enter such other orders as the court may
deem necessary to accomplish the purposes of this section. The court may
not award consequential damages for breach of the warranty of fitness for
human habitation. Upon the filing of a complaint under this section, the
court shall enter such temporary restraining orders as may be necessary
to protect the health or well-being of tenants or of the public. [1977,
c. 401, § 4 (new).] [1981, c. 428, § 9 (amd).]
5. Waiver. A written agreement whereby the tenant accepts
specified conditions which may violate the warranty of fitness for human
habitation in return for a stated reduction in rent or other specified
fair consideration shall be binding on the tenant and the landlord. Any
agreement, other than as provided in this subsection, by a tenant to waive
any of the rights or benefits provided by this section shall be void. [1977,
c. 401, § 4 (new).]
6. Heating requirements. It is a breach of the implied warranty
of fitness for human habitation when the landlord is obligated by agreement
or lease to provide heat for a dwelling unit and:
A. The landlord maintains an indoor temperature which is so
low as to be injurious to the health of occupants not suffering from abnormal
medical conditions; [1983, c. 764, § 1 (new).]
B. The dwelling unit's heating facilities are not capable
of maintaining a minimum temperature of at least 68 degrees Fahrenheit
at a distance of 3 feet from the exterior walls, 5 feet above floor level
at an outside temperature of minus 20 degrees Fahrenheit; or
[1983, c. 764, §1 (new).]
C. The heating facilities are not operated so as to protect
the building equipment and systems from freezing. [1983, c. 764, §
1 (new).]
Municipalities of this State are empowered to adopt or retain more
stringent standards by ordinances, laws or regulations provided in this
section. Any less restrictive municipal ordinance, law or regulation
establishing standards are invalid and of no force and suspended by this
section. Chap. 710, 14 § 6021. [1983, c. 764, § 1 (new).] 7.
Rights are supplemental. [T. 14, §6021, sub-§7 (rp).]
Receipts for rent payments and security deposits
1. Rent receipts required. A landlord or his agent shall
provide a written receipt, as required in subsection 2, for each rental
payment and each security deposit payment received partially or fully in
cash from any tenant. This receipt shall be delivered to the tenant at
the time the cash payment is accepted. If either the rent or security deposit
is accepted in more than one installment instead of a single payment, a
separate receipt shall be provided for each payment. If the payment for
rent and security deposit is received at the same time, a separate receipt,
properly identified in accordance with subsection 2, shall be issued each
for the rental payment and for the security deposit. [1979, c. 180 (new).]
2. Minimum information. The information contained in each
receipt shall include, but is not limited to, the following: The date of
the payment; the amount paid; the name of the party for whom the payment
is made; the period for which the payment is being made; a statement that
the payment is either for rent or for security deposit; the signature of
the person receiving the payment; and the name of that person printed in
a legible manner. A rent card retained by the tenant and containing the
aforementioned information shall satisfy the requirements of this section.
[1979, c. 180 (new).]
3. Exemption. This section shall not apply to any tenancy
for a dwelling unit which is part of a structure containing no more than
5 dwelling units, one of which is occupied by the landlord. Chap. 710,
14 § 6022. [1979, c. 180 (new).]
Agency
Any person authorized to enter into a residential
rental agreement on behalf of the owner or owners of the premises shall
be deemed to be the owner's agent for purposes of service of process and
receiving and receipting for notices and demands. [1979, c. 180 (new).]
Chap. 710, 14 § 6023.
Electric metering in common areas
No landlord may lease or offer to lease a dwelling
unit in a multi-unit residential building where the expense of furnishing
electricity to the common areas or other area not within the unit is the
sole responsibility of the tenant in that unit, unless both parties to
the lease have agreed in writing that the tenant will pay for such costs
in return for a stated reduction in rent or other specified fair consideration
that approximates the actual cost of electricity to the common areas. "Common
areas" include, but are not limited to, hallways, stairwells, basements,
attics, storage areas, fuel furnaces or water heaters used in common with
other tenants. Except as provided in this section, a written or oral waiver
of this requirement is against public policy and is void. Any person in
violation of this section is liable to the lessee for actual damages or
$100, whichever is greater, and reasonable attorneys' fees and costs. Chap.
710, 14 § 6024. [1985, c. 638, § 5 (amd).]
Landlord failure to pay for utility service
If a landlord fails to pay for utility service
in the name of the landlord, the tenant, in accordance with Title 35-A,
section 706, may pay for the utility service and deduct the amount paid
from the rent due to the landlord. Chap. 710, 14 § 6024-A. [1989,
c. 87, §1 (new).]
Access to premises
1. Tenant obligations. A tenant may not unreasonably withhold
consent to the landlord to enter into the dwelling unit in order to inspect
the premises, make necessary or agreed repairs, decorations, alterations
or improvements, supply necessary or agreed services or exhibit the dwelling
unit to prospective or actual purchasers, mortgagees, tenants, workers
or contractors. A tenant may not change the lock to the dwelling unit without
giving notice to the landlord and giving the landlord a duplicate key within
48 hours of the change. [1999, c. 204, §1 (amd).]
2. Landlord obligations. Except in the case of emergency or
if it is impracticable to do so, the landlord shall give the tenant reasonable
notice of his intent to enter and shall enter only at reasonable times.
Twenty-four hours is presumed to be a reasonable notice in the absence
of evidence to the contrary. [1981, c. 428, §10 (new).]
3. Remedy. If a landlord makes an entry in violation of this
section, makes a lawful entry in an unreasonable manner or makes repeated
demands for entry otherwise lawful that have the effect of harassing the
tenant, the tenant may recover actual damages or $100, whichever is greater,
and obtain injunctive relief to prevent recurrence of the conduct, and
if the tenant obtains a judgment after a contested hearing, reasonable
attorney's fees. If a tenant changes the lock and does not provide the
landlord with a duplicate key, in the case of emergency the landlord may
gain admission through whatever reasonable means necessary and charge the
tenant reasonable costs for any resulting damage. If a tenant changes
the lock and refuses to provide the landlord with a duplicate key, the
landlord may terminate the tenancy with a 7-day notice. [1999, c. 204,
§1 (amd).]
4. Waiver. Any agreement by a tenant to waive any of the rights
or benefits provided by this section is against public policy and is void.
[1981, c. 428, §10 (new).] Chap. 710, 14 § 6025.
Dangerous conditions requiring minor repairs
1. Prohibition of dangerous conditions. No landlord leasing
premises for human habitation may maintain or permit to exist on those
premises any condition which endangers or materially impairs the health
or safety of the tenants. [1981, c. 428, §10 (new).]
2. Tenant action if landlord fails to act. If a landlord fails
to maintain a rental unit in compliance with the standards of subsection
1 and the reasonable cost of compliance is less than $250 or an amount
equal to 1/2 the monthly rent, whichever is greater, the tenant shall notify
the landlord in writing of the tenant's intention to correct the condition
at the landlord's expense. If the landlord fails to comply within
14 days after being notified by the tenant in writing by certified mail,
return receipt requested, or as promptly as conditions require in case
of emergency, the tenant may cause the work to be done with due professional
care with the same quality of materials as are being repaired. Installation
and servicing of electrical, oil burner or plumbing equipment must be by
a professional licensed pursuant to Title 32. After submitting to
the landlord an itemized statement, the tenant may deduct from the tenant's
rent the actual and reasonable cost or the fair and reasonable value of
the work, not exceeding the amount specified in this subsection.
This subsection does not apply to repairs of damage caused by the tenant
or the tenant's invitee. [1993, c. 236, §1 (amd).]
3. Limitation on rights. No tenant may exercise his rights
pursuant to this section if the condition was caused by the tenant, his
guest or an invitee of the tenant, nor where the landlord is unreasonably
denied access, nor where extreme weather conditions prevent the landlord
from making the repair. [1981, c. 428, §10 (new).]
4. Limitation on reimbursement. No tenant may seek or receive
reimbursement for labor provided by the tenant or any member of his immediate
family pursuant to this section. Parts and materials purchased by the tenant
are reimbursable.[1981, c. 428, §10 (new).]
5. Waiver. A provision in a lease, whether oral or written,
in which the tenant waives either his rights under this section or the
duty of the landlord to maintain the premises in compliance with the standards
of fitness specified in this section or any other duly promulgated ordinance
or regulation is void, except that a written agreement whereby the tenant
accepts specified conditions which may violate the warranty of fitness
for human habitation in return for a stated reduction in rent or other
specified fair consideration is binding on the tenant and the landlord.
[1981, c. 428, §10 (new).]
6. Rights are supplemental. The rights created by this section
are supplemental to and in no way limit the rights of a tenant under section
6021. [1981, c. 428, §10 (new).]
7. Limitation on liability. Whenever repairs are undertaken
by or on behalf of the tenant, the landlord shall be held free from liability
for injury to that tenant or other persons injured thereby. [1981, c. 428,
§10 (new).]
8. Application. This section does not apply to any tenancy
for a dwelling unit which is part of a structure containing no more than
5 dwelling units, one of which is occupied by the landlord. [1981, c. 428,
§10 (new).]
9. Lack of Heat. If the landlord fails to comply with the
provisions of Title 14, section 6021, subsection 6, then the purchase of
heating fuel by the tenant shall be deemed to be a "cost of compliance"
within the meaning of subsection 2. For tenants on general assistance,
municipalities shall have the rights of tenants under this subsection.
[1983, c. 764, §2 (new).] Chap. 710, 14 § 6026.
Discrimination against families with children prohibited (REPEALED
) Chap. 710, 14 § 6027.
Penalties for late payment of rent
A landlord may assess a penalty against a residential tenant for
late payment of rent for a residential dwelling unit according to this
section. [1987, c. 605 (amd).]
1. Late payment. A payment of rent is late if it is not made
within 15 days from the time the payment is due. [1987, c. 215 (new).]
2. Maximum penalty. A landlord may not assess a penalty for
the late payment of rent which exceeds 4% of the amount due for one month.
[1987, c. 215 (new).]
3. Notice in writing. A landlord may not assess a penalty
for the late payment of rent unless the landlord gave the tenant written
notice at the time they entered into the rental agreement that a penalty,
up to 4% of one month's rent, may be charged for the late payment of rent.
[1987, c. 215 (new).] Chap. 710, 14 § 6028.
Discrimination based on general assistance escrow accounts prohibited
(REPEALED) Chap. 710, 14 § 6029.
Unfair rental contracts
1. Illegal waiver of rights. It is an unfair and deceptive
trade practice in violation of Title 5, section 207 for a landlord to require
a tenant to enter into a rental agreement for a dwelling unit, as defined
in section 6021, in which the tenant agrees to a lease or rule provision
that has the effect of waiving a tenant right established in chapter 709,
this chapter and chapter 710-A. This subsection does not apply when
the law specifically allows the tenant to waive a statutory right during
negotiations with the landlord. [1991, c. 704 (amd).]
2. Unenforceable provisions. The following rental agreement
or rule provisions for a dwelling unit, as defined in section 6021, are
specifically declared to be unenforceable and in violation of Title 5,
section 207:
A. Any provision that absolves the landlord from liability
for the negligence of the landlord or the landlord's agent; [1991, c. 361,
§2 (new); §3 (aff).]
B. Any provision that requires the tenant to pay the landlord's
legal fees in enforcing the rental agreement; [1991, c. 361, §2 (new);
§3 (aff).]
C. Any provision that requires the tenant to give a lien upon
the tenant's property for the amount of any rent or other sums due the
landlord; and [1991, c. 361, §2 (new); §3 (aff).]
D. Any provision that requires the tenant to acknowledge that
the provisions of the rental agreement, including tenant rules, are fair
and reasonable. [1991, c. 361, §2 (new); §3 (aff).] [1991, c.
704 (amd).]
3. Exception. Notwithstanding subsection 2, paragraph B, a
rental agreement or rule provision that provides for the award of attorney's
fees to the prevailing party after a contested hearing to enforce the rental
agreement in cases of wanton disregard of the terms of the rental agreement
is not in violation of Title 5, section 207 and is enforceable. [1991,
c. 704 (new).] Chap. 710, 14 § 6030.
Protection of rental property or tenants
1. Commencing action. A landlord may file a petition for
protection of rental property or tenants when the landlord, the landlord's
employee or agent, the landlord's rental property or persons who are tenants
of the landlord have experienced harm or have been threatened with harm
by a tenant of the landlord. The landlord may file the petition in
the landlord's own name or, when the landlord has written authority from
a
tenant to do so, may file the action on behalf of the aggrieved tenant,
or both. [1995, c. 650, §8 (new).]
2. Procedures and relief. Actions under this section are governed
by the procedural provisions of Title 5, chapter 337-A. In addition,
a temporary order may be sought if the landlord's rental property is in
an immediate and present danger of suffering substantial damage as a result
of the defendant's actions, and additional injunctive relief may be granted
enjoining the defendant from damaging the landlord's or aggrieved tenant's
property or from threatening, assaulting, molesting, confronting or otherwise
disturbing the peace of the landlord, the landlord's employee or agent
or of any aggrieved tenant. [1995, c. 650, §8 (new).] Chap.
710, 14 § 6030-A.
