Chapter 17-28
LANDLORD REMEDIES
Sections:
17-28-010 Landlord remedies.
A. Breach of Rental Agreement.
1. If rent is unpaid when due and the tenant fails to pay the unpaid rent within five days after notice by the landlord of the intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement or he may accept a payment made more than five days after such notice in which case he shall be entitled to collect a late payment fee in the amount of not to exceed five percent of the rental payment.
2. If there is a material noncompliance by the tenant with the rental agreement of with Chapter 1720 of this title, other than nonpayment of rent, the landlord may give notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice unless the breach is remedied by the tenant within the ten-day period, or as promptly as conditions permit in case of an emergency.
3. In the alternative, if there is material noncompliance by the tenant with Chapter 17-20 of this title, the landlord may enter the dwelling unit and have the work done in a workmanlike manner and submit a receipted bill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due, or if the rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under Sections 17-24.010(C) and (D) of this title.
4. If the rental agreement is terminated, the landlord shall have a claim for possession and for rent and a separate claim for injunctive relief, his actual damages for breach of the rental agreement or the tenant’s noncompliance with Chapter 17-20 of this title, and his costs and fees, as hereinafter provided. If the tenant’s noncompliance is willful, the landlord may recover such additional costs and fees as a court shall determine to award.
B. Abandonment of Rental Unit, Sublease.
1. For purposes of this section, “abandonment of the rental unit” shall mean that the tenant has vacated the premises, or has been absent therefrom for ten or more consecutive days without advising the landlord of such absence or intent to return, and that his rent is in default and that notice by the landlord to terminate the rental agreement as provided in subsection A of this section has expired.
2. If the tenant abandons the rental unit, the landlord shall:
a. Terminate the lease and proceed with his remedies as set forth in this title; or b. Make a good faith effort to rent it at the rent specified in the tenant’s rental agreement or at an amount equal to the prevailing rent for similar units within the same multi-family rental structure. This shall include the acceptance of reasonable subleases. If the landlord succeeds in renting the rental unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to rent the rental unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the landlord in re-renting the rental unit.
C. Disposition of Abandoned Property.
1. Where following terminations of the rental agreement (other than by order of a court) the tenant surrenders or vacates the rental unit or abandons the same leaving behind items of this personal property, such personal property may be considered by the landlord to be abandoned personal property and the landlord may dispose of the same in such manner as he determines. In the event the landlord sells the property, the sale proceeds shall be credited against any rent or other sums due to the landlord by the ten ant in accordance with the rental agreement and this title.
D. Waiver of Right to Terminate.
1. Acceptance of rent with knowledge of a default by tenant, or acceptance of performance by the tenant, or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord, must be confirmed in writing and signed by both parties and only then constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach. (Ord. 3122 § 1 (part), 2004)