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<blockquote data-quote="LittleDudesMom" data-source="post: 457329" data-attributes="member: 805"><p><span style="font-size: 12px">k, </span></p><p><span style="font-size: 12px">here are the pertinent articles from the "Our State" Residential Tenant and Landlord Act. These are the most up to date as they went into effect July 1, 2011. If you need anything else, pm or email me. I think I gave you my email back when you were interviewing for your current job. I am a landlord so I can point you in the right direction. Should you prefer to call someone "more professional", you can call our state's consumer affairs office toll free at 1-800-552-9963 or your local legal aid which I believe would be (your area code) 275-0800. </span></p><p><span style="font-size: 12px">Sharon</span></p><p><span style="font-size: 12px"><strong>§ 55-248.10:1. Landlord and tenant remedies for abuse of access.</strong></span></p><p><span style="font-size: 12px">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 and reasonable attorney's fees. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees.</span></p><p><span style="font-size: 12px"></span><span style="font-size: 12px"><strong></strong></span></p><p><span style="font-size: 12px"><strong>§ 55-248.18. Access; consent.</strong></span></p><p><span style="font-size: 12px">A. The tenant shall not unreasonably withhold 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 necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 24 hours notice of routine maintenance to be performed that has not been requested by the tenant. If the tenant</span></p><p><span style="font-size: 12px">25makes a request for maintenance, the landlord is not required to provide notice to the tenant. </span></p><p><span style="font-size: 12px">B. Upon the sole determination by the landlord of the existence of a nonemergency property condition in the dwelling unit that requires the tenant to temporarily vacate the dwelling unit in order for the landlord to properly remedy such property condition, the landlord may, upon at least 30 days'written notice to the tenant, require the tenant to temporarily vacate the dwelling unit for a period not to exceed 30 days to a comparable dwelling unit, as selected by the landlord, and at no expense or cost to the tenant. For purposes of this subsection, "nonemergency property condition" means (i) a condition in the dwelling unit that, in the determination of the landlord, is necessary for the landlord to remedy in order for the landlord to be in compliance with § 55-248.13; (ii) the condition does not need to be remedied within a 24-hour period, with any condition that needs to be remedied within 24 hours being defined as an "emergency condition"; and (iii) the condition can only be effectively remedied by the temporary relocation of the tenant pursuant to the provisions of this subsection.</span></p><p><span style="font-size: 12px">The tenant shall continue to be responsible for payment of rent under the rental agreement during the period of any temporary relocation. The landlord shall pay all costs of repairs or remediation required to address the property condition. Refusal of the tenant to cooperate with a temporary relocation pursuant to this subsection shall be deemed a breach of the rental agreement, unless the tenant agrees to vacate the unit and terminate the rental agreement within the 30-day notice period. If the landlord properly remedies the nonemergency property condition within the 30-day period, nothing herein shall be construed to entitle the tenant to terminate the rental agreement. Further, nothing herein shall be construed to limit the landlord from taking legal action against the tenant for any noncompliance that occurs during the period of any temporary relocation pursuant to this section.</span></p><p><span style="font-size: 12px">C. The landlord has no other right to access except by court order or that permitted by §§ 55-248.32 and 55-248.33 or if the tenant has abandoned or surrendered the premises.</span></p></blockquote><p></p>
[QUOTE="LittleDudesMom, post: 457329, member: 805"] [SIZE=3]k, here are the pertinent articles from the "Our State" Residential Tenant and Landlord Act. These are the most up to date as they went into effect July 1, 2011. If you need anything else, pm or email me. I think I gave you my email back when you were interviewing for your current job. I am a landlord so I can point you in the right direction. Should you prefer to call someone "more professional", you can call our state's consumer affairs office toll free at 1-800-552-9963 or your local legal aid which I believe would be (your area code) 275-0800. [/SIZE] [SIZE=3]Sharon [B]§ 55-248.10:1. Landlord and tenant remedies for abuse of access.[/B][/SIZE] [SIZE=3][/SIZE][SIZE=3]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 and reasonable attorney's fees. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees. [/SIZE][SIZE=3][B] § 55-248.18. Access; consent.[/B][/SIZE] [SIZE=3][/SIZE][SIZE=3]A. The tenant shall not unreasonably withhold 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 necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 24 hours notice of routine maintenance to be performed that has not been requested by the tenant. If the tenant[/SIZE] [SIZE=3][/SIZE][SIZE=3]25makes a request for maintenance, the landlord is not required to provide notice to the tenant. B. Upon the sole determination by the landlord of the existence of a nonemergency property condition in the dwelling unit that requires the tenant to temporarily vacate the dwelling unit in order for the landlord to properly remedy such property condition, the landlord may, upon at least 30 days'written notice to the tenant, require the tenant to temporarily vacate the dwelling unit for a period not to exceed 30 days to a comparable dwelling unit, as selected by the landlord, and at no expense or cost to the tenant. For purposes of this subsection, "nonemergency property condition" means (i) a condition in the dwelling unit that, in the determination of the landlord, is necessary for the landlord to remedy in order for the landlord to be in compliance with § 55-248.13; (ii) the condition does not need to be remedied within a 24-hour period, with any condition that needs to be remedied within 24 hours being defined as an "emergency condition"; and (iii) the condition can only be effectively remedied by the temporary relocation of the tenant pursuant to the provisions of this subsection.[/SIZE] [SIZE=3][/SIZE][SIZE=3]The tenant shall continue to be responsible for payment of rent under the rental agreement during the period of any temporary relocation. The landlord shall pay all costs of repairs or remediation required to address the property condition. Refusal of the tenant to cooperate with a temporary relocation pursuant to this subsection shall be deemed a breach of the rental agreement, unless the tenant agrees to vacate the unit and terminate the rental agreement within the 30-day notice period. If the landlord properly remedies the nonemergency property condition within the 30-day period, nothing herein shall be construed to entitle the tenant to terminate the rental agreement. Further, nothing herein shall be construed to limit the landlord from taking legal action against the tenant for any noncompliance that occurs during the period of any temporary relocation pursuant to this section.[/SIZE] [SIZE=3][/SIZE][SIZE=3]C. The landlord has no other right to access except by court order or that permitted by §§ 55-248.32 and 55-248.33 or if the tenant has abandoned or surrendered the premises.[/SIZE] [/QUOTE]
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