Title 21 — Real Property

This Act applies to, regulates, and determines rights, obligations, and remedies under a rental agreement for a dwelling unit located within Guam. This Act applies only to residential leases. In the event of any conflict between any provision of this Act and any provision of 18 G…

As used in this Chapter, unless the context otherwise requires: (a) action includes recoupment, counterclaim, suit in law or equity, and any other proceeding in which rights are determined; (b) bona fide purchaser is a purchaser for a valuable consideration paid or parted with in…

(a) A person has notice of a fact if they: (1) have actual knowledge of the fact; or (2) have received a notification of the fact. (b) A person is deemed having received notice when it comes to their attention, for which; (1) in the case of the landlord, notification is delivered…

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this Act or other law, rule, or regulation. (b) In the absence of a rental agreement, the tenant shall pay as rent the fair market rental value for the use and occupancy of the dw…

(a) A rental agreement shall not provide that the tenant agrees to waive or forego rights or remedies under this Act. (b) A provision in a rental agreement that is prohibited under this Act shall be unenforceable. ARTICLE 2 LANDLORD/TENANT OBLIGATIONS

(a) The total amount of a security deposit may not be in excess of one (1) month’s rent. Landlords may charge an additional reasonable “pet deposit,” not to exceed Five Hundred Dollars ($500.00) per pet. Landlords may not collect more than the first month’s rent and security depo…

(a) A landlord shall: (1) comply with the requirements of all applicable building and housing codes relative to health and safety; (2) make all repairs reasonably necessary to maintain the premises in a fit and habitable condition; and (3) Any defective condition of the premises …

(a) The landlord must convey in written notice to tenant of sale of dwelling unit in good faith to a bona fide purchaser to be relieved of liability under the rental agreement and this Act. However, the landlord remains liable to the tenant for the recoverable security deposit un…

(a) A tenant shall: (1) maintain the dwelling unit and premises that he uses as clean and safe as premises permit to comply with housing codes affecting health and safety; (2) dispose from his dwelling unit and common areas used from all garbage, rubbish, and other waste in a cle…

(a) A landlord may adopt a rule or regulation concerning the tenant’s use and occupancy of the premises, and it is enforceable without the consent of the tenant if all the following criteria listed are satisfied: (1) its purpose is to promote the safety and welfare of the tenants…

(a) The tenant shall not unreasonably withhold the tenant’s consent to the landlord to enter into the dwelling unit in order to inspect the premise; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling uni…

(a) Except as provided in this Act, if there is noncompliance by the landlord with the rental agreement or noncompliance with § 48202 of this Chapter affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constitutin…

(a) If the landlord fails to deliver possession on the effective or occupancy date of the lease of the dwelling unit to the tenant, rent abates until possession is delivered, and the tenant may terminate the rental agreement upon at least five (5) days written notice to the landl…

(a) Tenant may not do self or contracted repairs without the express written consent of landlord, and tenant may not deduct expenses or costs for such repairs from their rent unless approved in writing from landlord. (b) Tenant may not withhold rent for repairs not done. (c) Tena…

(a) If, contrary to the rental agreement or § 48204 of this Chapter, the landlord willfully or negligently fails to supply essential services pursuant to the rental agreement, the tenant may give written notice to the landlord specifying the breach and may: (1) take reasonable an…

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereaft…

If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by causing interruption of essential services to the tenant, the tenant may either recover possession or terminate rental agreement. In either case, the tena…

(a) Notwithstanding any other provision of this Chapter, the tenant shall report any observed damage to the weatherhead or weatherhead post where the damage is related to damaging or destructive winds (windspeed that exceeds thirty-four (34) knots or forty (40) miles per hour) to…

(a) Except as provided in this Act, if there is noncompliance by the tenant with the rental agreement or noncompliance with § 48204 affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and …

If there is noncompliance by the tenant with § 48204 of this Chapter materially affecting health and safety that can be remedied by repair or replacement of a damaged item, and the tenant fails to comply as promptly as conditions require in case of emergency or within five (5) da…

(a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days pursuant to § 48103 of this Chapter and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant and c…

If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession of the premises. If the tenant’s holdover is willful and not in good faith the landlord may …

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages, costs, rental loss and reasonable attorney’s fees. (b) If the landlord makes an…

(a) If a tenant to a residential rental agreement or lease agreement notifies the landlord in writing that he or she is the victim of family violence, criminal sexual conduct, or stalking as defined under Guam law, and provides to the landlord evidence as defined in § 48501(b) of…

(a) A victim under this Article shall not be evicted based on an incident or incidents of actual or threatened family violence, criminal sexual conduct, or stalking. (b) A victim under this Article shall not be held liable for damage to the property related to an incident or inci…

(a) If a person who is restrained from contact with a protected tenant under a court order is also a tenant of the same dwelling unit as the protected tenant, the landlord shall change the locks of the protected tenant’s dwelling unit no later than twenty-four (24) hours after th…

(a) A landlord shall not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant solely because a tenant, an applicant, or an individual who is a member of the tenant’s or applicant’s household is the victim of family violence, crim…

(a) A landlord shall not disclose any information provided by a tenant under this Article to a third party unless the disclosure satisfies any one (1) of the following: (1) the tenant consents in writing to the disclosure; or (2) the disclosure is required by law or order of the …

(a) If a tenant knowingly submits a false notice or accompanying documentation to a landlord as evidence to terminate a residential rental or lease agreement under this Article, the landlord may recover an amount equal to three (3) months periodic rent or threefold actual damages…

As used in this Act, unless the context otherwise requires: (a) “Chamorro Land Trust property” means the definition pursuant to § 75A101(c) of Article 1 of Chapter 75A, Division 2, Title 21, Guam Code Annotated. (b) “Dwelling unit” means the definition pursuant to § 48602(g) of A…

(a) It shall be unlawful and hereby prohibited: (1) For any person to deny another person access to information provided through membership or participation in any multiple-listing service or other real estate brokers’ service, on account of source-of-income (SOI); (2) For any pe…

(a) Section 48602(a)(1) to (a)(6) of this Act shall not apply to the following: (1) The rental of a housing project subsidized by public funds or lands; and (2) The lease of Chamorro Land Trust property. (b) Nothing in § 48602 of this Act precludes a landlord from checking the cr…

(a) A landlord that violates any provisions of this Act may be subject to a civil penalty in an amount not to exceed Two-Thousand Dollars ($2,000) if determined by the court to have violated this Act for the first time within one year of the occurrence of the violation. (b) The c…

All fines collected under this Section shall be deposited into the Housing Trust Fund.

The Guam Housing and Urban Renewal Authority (GHURA) shall enforce the provisions of this Article. GHURA shall submit a budget request to I Liheslaturan Guåhan, annually, for cost related to the enforcement of this Article. GHURA shall create Rules and Regulations consistent with…