§521-8  Definitions.  As used in this
chapter, unless the context clearly requires otherwise:



"Action" with reference to a judicial
proceeding includes recoupment, counterclaim, setoff, and any other proceedings
in which rights are determined, including an action for possession.



"Apartment building" means a
structure containing one or more dwelling units, except:



(1)  A single-family residence, or



(2)  A structure in which all tenants are roomers or
boarders.



"Dwelling unit" means a structure, or
part of a structure, which is used as a home, residence, or sleeping place by
one person or by two or more persons maintaining a common household, to the
exclusion of all others.



"Landlord" means the owner, lessor,
sublessor, assigns or successors in interest of the dwelling unit or the
building of which it is a part and in addition means any agent of the landlord.



"Normal wear and tear" means
deterioration or depreciation in value by ordinary and reasonable use but does
not include items that are missing from the dwelling unit.



"Owner" means one or more persons,
jointly or severally, in whom is vested:



(1)  All or any part of the legal title to property;
or



(2)  All or any part of the beneficial ownership and a
right to present use and enjoyment of the property; and



includes a mortgagee in possession.



"Person" includes an individual,
corporation, government or governmental agency, business trust, estate, trust,
partnership or association, two or more persons having a joint or common
interest, or any other legal or commercial entity.



"Premises" means a dwelling unit,
appurtenances thereto, grounds, and facilities held out for the use of tenants
generally and any other area or facility whose use is promised to the tenant.



"Rental agreement" means all
agreements, written or oral, which establish or modify the terms, conditions,
rules, regulations, or any other provisions concerning the use and occupancy of
a dwelling unit and premises.



"Roomer" or "boarder" means
a tenant occupying a dwelling unit:



(1)  Which lacks at least one major bathroom or
kitchen facility, such as a toilet, refrigerator, or stove,



(2)  In a building where one or more such major
facilities are supplied to be used in common by the occupants of the tenant's
dwelling unit and by the occupants of one or more other dwelling units, and



(3)  In a building in which the landlord resides.



"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 shall
be deemed a single family residence if it has direct access to a street or
thoroughfare and does not share hot water equipment or any other essential
facility or service with any other dwelling unit.



"Tenant" means any person who
occupies a dwelling unit for dwelling purposes under a rental agreement. [L
1972, c 132, pt of §1; am L 1975, c 10, §1; am L 1988, c 307, §2; am L 1991, c
212, §9]



 



Case Notes



 



  While defendant was "a tenant" as defined by this
Code, defendant's tenancy was not as a sublessee, but as a licensee of
defendant's roommate, where defendant did not have exclusive possession of the
property, the unilateral right to assign defendant's interest in the property,
and defendant's agreement was not for a fixed term; thus, as the holder of a
license revocable at will, defendant became a trespasser when the licensor
roommate's interest in the property ceased.  109 H. 296, 126 P.3d 339.