Residential Landlord-Tenant Act—Generally. The Residential Landlord-Tenant Act (RLTA) regulates the relationship between residential landlords and tenants, and includes provisions regarding the duties of tenants and landlords and remedies for violations of those duties. With some statutory exceptions, the rental of a dwelling unit for living purposes is generally covered under the RLTA.
Duration and Termination of Tenancy. Under the RLTA, a tenancy for a specified time terminates at the end of the specified lease period. A tenant who terminates a lease prior to the end of the specified period is liable for rent until the end of the period, although the landlord must mitigate their damages by attempting to re-rent the unit at a fair rental price. Alternatively, premises may be rented for an indefinite time, from period to period, or month to month. Such a tenancy is automatically renewed for another period until terminated by either the landlord or the tenant by giving at least a 20- days written notice prior to the end of any of the months or periods of tenancy. Landlords planning a change of use or demolition or substantial renovation must provide a 120- day notice to the tenant.
Enforcement Remedies. The RLTA specifies the remedies available to a tenant for a landlord's violation of their duties. The tenant must provide the landlord with written notice and a reasonable opportunity to fix or comply with the duty, the timeframe for which varies depending upon the type of problem. Rental agreements may not include provisions in which the tenant agrees to certain actions, including waiving rights and remedies under the RLTA, limiting liability of the landlord, and paying late fees within five days following the rent due date. If a landlord deliberately includes prohibited provisions in a rental agreement, the tenant may recover statutory damages up to $500 with the costs of suit and reasonable attorneys' fees.
Unlawful Detainer. If a tenant is liable for unlawful detainer, a landlord may bring a court action to evict the tenant. A tenant is liable for unlawful detainer when the tenant:
Cause Required for Eviction, Refusal to Renew, and Termination of Tenancy. Except for tenancies of an indefinite period during the first year of occupancy, a landlord may terminate a tenancy without cause at the end of an initial lease term between three and 12 months upon a 60- day written notice. If the landlord does not provide a 60- day notice, the tenancy becomes a month-to-month tenancy, which may only be terminated for one of the specified causes. For any other tenancies with a specified period, a landlord may not terminate the tenancy except for one of the enumerated causes. If the tenancy is not terminated, it becomes a month-to-month tenancy. A landlord and tenant may enter into subsequent lease agreements that are in compliance with the provided termination requirements. A tenant may terminate a tenancy for a specified period by providing at least a 20- day written notice before the end date of the specified tenancy.
Otherwise, a landlord may not evict, refuse to continue a tenancy, or terminate a periodic tenancy, except for the following causes and after the applicable notice periods:
A landlord may also refuse to renew a tenancy if the tenant:
Notices must identify the facts and circumstances known and available to the landlord at the time the notice is issued that support the cause or causes with enough specificity to enable the tenant to respond and prepare a defense. The landlord may present other evidence regarding the allegations within the notice when the evidence was unknown or unavailable at the time the notice was issued.
Other Occupants. If a tenant has permanently vacated for reasons other than termination by the landlord, and occupants co-resided with the tenant prior to and up to the tenant's vacation, the occupant must apply or reapply as a prospective tenant within 90 days of when the primary tenant vacates and meet the same screening, background, and financial criteria as any other prospective tenant. If the occupant fails to apply within 90 days or the application is denied, the landlord may commence an unlawful detainer action. This new provision regarding occupants is not applicable to subsidized housing.
Enforcement Remedies. A landlord who removes a tenant or causes a tenant to be removed from a dwelling in violation of the provisions specifying enumerated causes for eviction or refusal to renew or terminate a tenancy is liable to the tenant for wrongful eviction and the greater of:
The existing statutory damages available for inclusion of prohibited provisions in the rental agreement are increased from $500 to two times the monthly rent, and the landlord must have knowingly, instead of deliberately, included such provisions.
Miscellaneous. Other technical revisions are made to reflect the new enumerated causes for eviction and refusal to renew or terminate a tenancy under the RLTA, including removing provisions allowing a landlord to terminate a periodic or monthly tenancy with a 20-day notice and provisions that provide when premises are rented for a specified time the tenancy is terminated at the end of the specified time.