33-1310. General definitions
Subject to additional definitions contained in subsequent articles of this chapter
which apply to specific articles thereof, and unless the context otherwise requires, in
this chapter:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other
proceeding in which rights are determined, including an action for possession.
2. "Building and housing codes" include any law, ordinance or governmental
regulation concerning fitness for habitation, or the construction, maintenance,
operation, occupancy, use or appearance of any premises, or dwelling unit.
3. "Delivery of possession" means returning dwelling unit keys to the landlord and
vacating the premises.
4. "Dwelling unit" means a structure or the part of a structure that is used as a
home, residence, or sleeping place by one person who maintains a household or by two or
more persons who maintain a common household. "Dwelling unit" excludes real property used
to accommodate a mobile home, unless the mobile home is rented or leased by the landlord.
5. "Good faith" means honesty in fact in the conduct or transaction concerned.
6. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the
building of which it is a part, and it also means a manager of the premises who fails to
disclose as required by section 33-1322.
7. "Organization" includes a corporation, government, governmental subdivision or
agency, business trust, estate, trust, partnership or association, two or more persons
having a joint or common interest and any other legal or commercial entity which is a
landlord, owner, manager or constructive agent pursuant to section 33-1322.
8. "Owner" means one or more persons, jointly or severally, in whom is vested all
or part of the legal title to property or all or part of the beneficial ownership and a
right to present use and enjoyment of the premises. The term includes a mortgagee in
possession.
9. "Person" means an individual or organization.
10. "Premises" means a dwelling unit and the structure of which it is a part and
existing facilities and appurtenances therein, including furniture and utilities where
applicable, and grounds, areas and existing facilities held out for the use of tenants
generally or whose use is promised to the tenant.
11. "Rent" means payments to be made to the landlord in full consideration for the
rented premises.
12. "Rental agreement" means all agreements, written, oral or implied by law, and
valid rules and regulations adopted under section 33-1342 embodying the terms and
conditions concerning the use and occupancy of a dwelling unit and premises.
13. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or
kitchen facility, in a structure where one or more major facilities are used in common by
occupants of the dwelling unit and other dwelling units. Major facility in the case of a
bathroom means toilet, or either a bath or shower, and in the case of a kitchen means
refrigerator, stove or sink.
14. "Security" means money or property given to assure payment or performance under
a rental agreement. "Security" does not include a reasonable charge for redecorating or
cleaning.
15. "Single family residence" means a structure maintained and used as a single
dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with
another dwelling unit, it is a single family residence if it has direct access to a
street or thoroughfare and shares neither heating facilities, hot water equipment nor any
other essential facility or service with any other dwelling unit.
16. "Tenant" means a person entitled under a rental agreement to occupy a dwelling
unit to the exclusion of others.
17. "Term of lease" means the initial term or any renewal or extension of the
written rental agreement currently in effect not including any wrongful holdover period.
|