33-1324

33-1324. Landlord to maintain fit
premises

A. The landlord shall:

1. Comply with the requirements of applicable building codes materially affecting
health and safety.

2. Make all repairs and do whatever is necessary to put and keep the premises in a
fit and habitable condition.

3. Keep all common areas of the premises in a clean and safe condition.

4. Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning and other facilities and appliances,
including elevators, supplied or required to be supplied by him.

5. Provide and maintain appropriate receptacles and conveniences for the removal of
ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit
and arrange for their removal.

6. Supply running water and reasonable amounts of hot water at all times,
reasonable heat and reasonable air-conditioning or cooling where such units are installed
and offered, when required by seasonal weather conditions, except where the building that
includes the dwelling unit is not required by law to be equipped for that purpose or the
dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is
generated by an installation within the exclusive control of the tenant and supplied by a
direct public utility connection.

B. If the duty imposed by subsection A, paragraph 1 of this section is greater than
any duty imposed by any other paragraph of this section, the landlord's duty shall be
determined by reference to that paragraph.

C. The landlord and tenant of a single family residence may agree in writing,
supported by adequate consideration, that the tenant perform the landlord's duties
specified in subsection A, paragraphs 5 and 6 of this section, and also specified
repairs, maintenance tasks, alterations and remodeling, but only if the transaction is
entered into in good faith, not for the purpose of evading the obligations of the
landlord and the work is not necessary to cure noncompliance with subsection A,
paragraphs 1 and 2 of this section.

D. The landlord and tenant of any dwelling unit other than a single family
residence may agree that the tenant is to perform specified repairs, maintenance tasks,
alterations or remodeling only if:

1. The agreement of the parties is entered into in good faith and not for the
purpose of evading the obligations of the landlord and is set forth in a separate writing
signed by the parties and supported by adequate consideration.

2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1
and 2 of this section.

3. The agreement does not diminish or affect the obligation of the landlord to
other tenants in the premises.