§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 safe condition;



(3)  Make all repairs and arrangements necessary to
put and keep the premises in a habitable condition;



(4)  Maintain all electrical, plumbing, and other
facilities and appliances supplied by the landlord in good working order and
condition, subject to reasonable wear and tear;



(5)  Except in the case of a single family residence,
provide and maintain appropriate receptacles and conveniences for the removal
of normal amounts of rubbish and garbage, and arrange for the frequent removal
of such waste materials; and



(6)  Except in the case of a single family residence,
or where the building is not required by law to be equipped for the purpose,
provide for the supplying of running water as reasonably required by the tenant.



Prior to the initial date of initial occupancy,
the landlord shall inventory the premises and make a written record detailing
the condition of the premises and any furnishings or appliances provided. 
Duplicate copies of this inventory shall be signed by the landlord and by the
tenant and a copy given to each tenant.  In an action arising under this
section, the executed copy of the inventory shall be presumed to be correct. 
If the landlord fails to make such an inventory and written record, the condition
of the premises and any furnishings or appliances provided, upon the
termination of the tenancy shall be rebuttably presumed to be the same as when
the tenant first occupied the premises.



(b)  The landlord and tenant may agree that the
tenant is to perform specified repairs, maintenance tasks, and minor remodeling
only if:



(1)  The agreement of the landlord and tenant is
entered into in good faith and is not for the purpose of evading the
obligations of the landlord;



(2)  The work to be performed by the tenant is not
necessary to cure noncompliance by the landlord with section 521-42(a)(1); and



(3)  The agreement of the landlord and tenant does not
diminish the obligations of the landlord to other tenants. [L 1972, c 132, pt
of §1; am L 1976, c 90, §1; am L 1981, c 235, §1; gen ch 1985; am L 1989, c
143, §1]



 



Case Notes



 



  Where landlord failed to present the required inventory
documenting the condition of the property at the time landlord accepted payment
for the initial monthly rent and entered into the oral rental agreement with
tenants, pursuant to subsection (a), the condition of the property at the
termination of the oral rental agreement was presumed to be the same as when
tenants first occupied the property pursuant to the oral agreement; since no
evidence was presented by landlord to rebut this presumption, the trial court's
award to landlord for damages to the property was improper.  112 H. 302 (App.),
145 P.3d 845.