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Questions and Answers
• Residential Landlord and Tenant Act - Purpose -✓✓Simplify, clarify, modernize,
and revise the law governing rental of dwelling units and the rights, obligations of
landlords and tenants. To encourage landlords and tenants to maintain and improve
the quality of housing.
• Administration Remedy -✓✓Any right or obligation declared is enforceable by
action unless the provision declaring it specifies a different and limited effect.
• Settlement of disputed claim or right -✓✓A claim or right arising on a rental
agreement, if disputed in good faith, may be settled by agreement.
• Action -✓✓Include recoupment, counterclaim, set-off, suit in equity, and any
other proceeding in which rights are determined, including an action for
possession.
• Building and Housing Codes - Enforcement -✓✓Any law, ordinance, or
governmental regulation concerning fitness for habitation, or the construction,
maintenance, operation, occupancy, use, or appearance of any premise or dwelling
unit.
• Dwelling Unit -✓✓A structure or the part of a structure that is used as a home,
residence, or sleeping place by one person who maintains a household or by two or
more persons who maintain a common household and includes landlord-owned
mobile homes. Property that is leased for the exclusive purpose of being renovated
by the lessee (tenant) is not considered a dwelling unit within the meaning. Lessor
(owner)
• Fair-Market Rental Value - Collusion -✓✓The actual periodic rental payment for
comparable rental property to which a willing landlord and a willing tenant would
agree. In determining the fair-market rental value the court may consider appraisals
offer by the tenant, landlord, realty experts, licensed appraisers and other relevant
evidence.
, • Good Faith -✓✓Honesty in fact in the conduct of the transaction concerned
• Landlord -✓✓The owner, lessor, or sublessor of the premises and also means
manager of the premises who fails to disclose
• Organization -✓✓Includes a corporation, government, governmental subdivision
or agency, business trust, estate, trust, partnership or association, two or more
persons having a joint or common interest, and any other legal or commercial
entity
• Owner -✓✓Means one or more persons, jointly or severally, in whom is vested in
all or part of the legal title to property or all or part of the beneficial ownership and
a right to present use and enjoyment of the premises. The term includes a
mortgagee (lender) in possession.
• Mortgagee -✓✓A lender in a mortgage loan transaction.
• Mortgager -✓✓an owner who gives a security interest in property in order to
obtain a loan
• Person -✓✓Includes an individual or organization
• Premises - Property "Appliances" -✓✓Means a dwelling unit and the structure of
which it is a part and facilities and appurtenances therein and grounds, areas,
facilities held out for the use of tenants generally or whose use is promised to the
tenant.
• Rent -✓✓The consideration payable for use of the premises including late
charges whether payable in lump sum or periodic payments, excluding security
deposits or other charges
• Rental Agreement -✓✓All arrangements, written or oral, and valid rules and
regulations adopted under Section 27-40-520 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit and premises
• Roomer - Room Renter Only -✓✓A person occupying a dwelling unit that does
not include a toilet and either a bathtub or a shower a refrigerator, stove, and