Title 28, Property

PART II. RENT §521-21 Rent. (a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. In the absence of such agreement, and subject to section 521-71(e) in the case of holdover tenants, the tenant shall pay to the landlord the fair rent…

[§521-22] Term of rental agreement. The landlord and tenant may agree in writing to any period as the term of the rental agreement. In the absence of such agreement, the tenancy shall be month to month or, in the case of boarders, week to week. [L 1972, c 132, pt of §1]

§521-3 Supplementary general principles of law, other laws, applicable. (a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, real property, public health, safe…

PART III. LIMITATIONS ON RENTAL AGREEMENTS AND PRACTICES [§521-31] Waiver; agreement to forego rights; settlement of claims. (a) Except as otherwise provided in this chapter, a tenant or landlord may not waive or agree to forego rights or remedies under this chapter. (b) A claim …

[§521-32] Separation of rents and obligations to property forbidden. Any agreement, conveyance, or trust instrument which authorizes a person other than the beneficial owner to act as the landlord of a dwelling unit shall operate, regardless of its terms, to authorize and require…

[§521-33] Landlord's waiver of liability prohibited. A provision in a rental agreement exempting or limiting the landlord, or requiring the tenant to indemnify the landlord, from liability for damages to persons or property caused by or resulting from the acts or omissions of the…

[§521-34] Authorization to confess judgment prohibited. A tenant may not authorize any person to confess judgment on a claim arising out of a rental agreement of any dwelling unit. An authorization in violation of this section is void. [L 1972, c 132, pt of §1]

§521-35 Attorney's fees. (a) A rental agreement may provide for the payment by the tenant of the costs of a suit, for unpaid rent, and reasonable attorney's fees not in excess of twenty-five per cent of the unpaid rent after default and referral to an attorney not a salaried empl…

[§521-36] Effect of termination. Except as otherwise provided in this chapter, whenever a landlord or tenant exercises a right to terminate a rental agreement, the obligations of each party to the rental agreement shall cease upon the final discharge of all obligations imposed by…

[§521-37] Subleases and assignments. (a) Unless otherwise agreed to in a written rental agreement and except as otherwise provided in this section, the tenant may sublet the tenant's dwelling unit or assign the rental agreement to another without the landlord's consent. (b) Subse…

§521-38 Tenants subject to rental agreement; notice of conversions. When a period of tenancy is pursuant to any rental agreement and where a landlord contemplates conversion to a condominium property regime under chapter 514B, the landlord shall provide notice to the tenant at le…

§521-39 Medical cannabis; tenant use; eviction. A provision in a rental agreement allowing for eviction of a tenant who has a valid certificate for the medical use of cannabis as provided in section 329-123 in any form is void, unless the rental agreement allows for eviction for …

[§521-4] Construction against implicit repeal. This chapter being a general law intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [L 1972, c 132, p…

PART IV. LANDLORD OBLIGATIONS [§521-41] Landlord to supply possession of dwelling unit. The landlord shall, at the beginning of the agreed term, deliver possession of the dwelling unit to the tenant in the agreed condition unless otherwise agreed prior to delivery of possession. …

§521-42 Landlord to supply and maintain fit premises. (a) The landlord shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep common areas of a multi-dwelling unit premises in a clean and sa…

§521-43 Rental agreement, disclosure. (a) A landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: (1) Each person authorized to mana…

§521-44 Security deposits. (a) As used in this section "security deposit" means money deposited by or for the tenant with the landlord to be held by the landlord to: (1) Remedy tenant defaults for accidental or intentional damages resulting from failure to comply with section 521…

§521-45 Limitation of landlord and management liability. (a) Unless otherwise agreed, a landlord who conveys premises which include a dwelling unit subject to a rental agreement in a good faith sale to a person not connected with the landlord discloses, in writing, in any form of…

[§521-46] Application screening fee. (a) When a landlord or the landlord's agent receives a request from an applicant to rent a dwelling unit, the landlord or the landlord's agent may charge the applicant an application screening fee at the time the application is processed for t…

[§521-5] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application,…

PART V. TENANT OBLIGATIONS §521-51 Tenant to maintain dwelling unit. Each tenant shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep that part of the premises which the tenant occupies an…

§521-52 Tenant to use properly. (a) The tenant shall comply with all obligations or restrictions, whether denominated by the landlord as rules, or otherwise, concerning the tenant's use, occupancy, and maintenance of the tenant's dwelling unit, appurtenances thereto, and the prem…

[§521-53] Access. (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 premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhib…

[§521-54] Tenant to use and occupy. The landlord may require, in the rental agreement, that the tenant must notify the landlord of any anticipated extended absence from the dwelling unit no later than the first day of such absence. [L 1972, c 132, pt of §1]

[§521-55] Tenant's responsibility to inform landlord. Any defective condition of the premises which comes to the tenant's attention, which the tenant has reason to believe is unknown to the landlord, and which the tenant has reason to believe is the duty of the landlord or of ano…

§521-56 Disposition of tenant's abandoned possessions. (a) When the tenant, within the meaning of section 521-70(d) or section 521-44(d), has wrongfully quit the premises, or when the tenant has quit the premises pursuant to a notice to quit or upon the natural expiration of the …

[§521-6] Territorial application. This chapter applies to rights, remedies, and obligations of the parties to any residential rental agreement wherever made of a dwelling unit within this State. [L 1972, c 132, pt of §1]

PART VI. REMEDIES AND PENALTIES §521-61 Tenant's remedies for failure by landlord to supply possession. (a) If the landlord fails to put the tenant into possession of the dwelling unit in the agreed condition at the beginning of the agreed term: (1) The tenant shall not be liable…

[§521-62] Tenant's remedy of termination at beginning of term. If the landlord fails to conform to the rental agreement, or is in material noncompliance with section 521-42(a), the tenant may, on notice to the landlord, terminate the rental agreement and vacate the dwelling unit …

§521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion. (a) If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlor…

§521-64 Tenant's remedy of repair and deduction for minor defects. (a) The landlord, upon written notification by the department of health or other state or county agencies that there exists a condition on the premises that constitutes a health or safety violation, shall commence…

[§521-65] Tenant's remedies for fire or casualty damage. When the dwelling unit or any part of the premises or appurtenances reasonably necessary to the benefit and enjoyment thereof is rendered partially or wholly unusable by fire or other casualty which occurs without wilful fa…

[§521-66] Tenant's right to refund of rent, etc., on termination; return of security deposit. When a tenant exercises a right to terminate the rental agreement pursuant to section 521-62, 521-63, or 521-65 the landlord shall return to the tenant, not later than fourteen days afte…

[§521-67] Tenant's remedy for failure by landlord to disclose. If the landlord fails to comply with any disclosure requirement specified in section 521-43 within ten days after proper demand therefor by the tenant, the landlord shall be liable to the tenant for $100 plus reasonab…

§521-68 Landlord's remedies for failure by tenant to pay rent. [Section effective until February 4, 2026. For section effective February 5, 2026, see below.] (a) A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in wr…

§521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use. (a) If the tenant is in material noncompliance with section 521-51, the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allow…

§521-7 Exclusions from application of chapter. Unless created solely to avoid the application of this chapter, this chapter shall not apply to: (1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medica…

§521-70 Landlord's remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy. (a) If the rental agreement provides for notification of the landlord by the tenant of an anticipated extended absence and the tenant fails to make reasonable efforts to co…

§521-71 Termination of tenancy; landlord's remedies for holdover tenants. (a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the land…

§521-72 Landlord's remedies for improper use. (a) If the tenant breaches any rule authorized under section 521-52, the landlord may notify the tenant in writing of the tenant's breach. The notice shall specify the time, not less than ten days, within which the tenant is required …

§521-73 Landlord's and tenant's remedies for abuse of access. (a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access as provided in section 521-53(a). (b) Except for an entry under an emergency such as…

§521-74 Retaliatory evictions and rent increases prohibited. (a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withh…

§521-74.5 Recovery of possession limited. The landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the tenant contrary to the rental agreement or sect…

[§521-75] Unconscionability. (a) In any court action or proceeding with respect to a rental agreement, if the court as a matter of law finds the agreement or any provision of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agr…

[§521-77] Investigation and resolution of complaints by the office of consumer protection. The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter. [L 1976, c 77, §2]

§521-78 Rent trust fund. (a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subs…