§521-69  Landlord's remedies for tenant's
waste, failure to maintain, or unlawful use.  (a)  If the tenant is in
material noncompliance with section 521-51, the landlord, upon learning of any
such noncompliance and after notifying the tenant in writing of the
noncompliance and allowing a specified time not less than ten days after
receipt of the notice, for the tenant to remedy the noncompliance:



(1)  May terminate the rental agreement and bring a
summary proceeding for possession of the dwelling unit or any other proper
proceeding, action, or suit for possession if the tenant is in material
noncompliance with section 521-51(1); or



(2)  May remedy the tenant's failure to comply and
bill the tenant for the actual and reasonable cost of such remedy if the noncompliance
can be remedied by the landlord by cleaning, repairing, replacing a damaged
item, or the like, which bill shall be treated by all parties as rent due and
payable on the next regular rent collection date or, if the tenancy has
terminated, immediately upon receipt by the tenant.



No allowance of time to remedy noncompliance shall
be required when noncompliance by the tenant causes or threatens to cause
irremediable damage to any person or property.  If the tenant cannot be served
with notice as required, notice may be given the tenant by posting the same in
a conspicuous place on the dwelling unit.



(b)  The landlord may terminate the rental
agreement and bring a summary proceeding for possession of the dwelling unit or
any other proper proceeding, action, or suit for possession for any material
noncompliance with section 521-51 by a roomer or boarder if the roomer or
boarder fails to comply within the time specified in the notice.



(c)  The landlord may bring an action or
proceeding for waste or for breach of contract for damage suffered by the
tenant's wilful or negligent failure to comply with the tenant's obligations
under section 521-51. [L 1972, c 132, pt of §1; am L 1976, c 90, §6; am L 1978,
c 167, §2; am L 1983, c 146, §1; gen ch 1985]



 



Case Notes



 



  Where no evidence that tenant's failure to replace damaged
tiles constituted a violation of applicable building and housing laws
materially affecting health and safety under §521-51(1), landlord was not
authorized under subsection (a) to terminate tenant's lease.  87 H. 353 (App.),
956 P.2d 1285.