47-16-13.1. Landlord obligations - Maintenance of premises

47-16-13.1. Landlord obligations - Maintenance of premises

1. A landlord of a residential dwelling unit shall:

a. Comply with the requirements of applicable building and housing codes materially

affecting health and safety.

b. Make all repairs and do whatever is necessary to put and keep the premises in a

fit and habitable condition.

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

d. 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 the landlord.

e. 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.

f. Supply running water and reasonable amounts of hot water at all times and

reasonable heat, except if the building that includes the dwelling unit is not

required by law to be equipped for that purpose or if the dwelling unit is so

constructed that heat or hot water is generated by an installation within the

exclusive control of the tenant and supplied by a direct public utility connection or

if the water or heat is unavailable due to supply failure by a public utility.

2. In case of noncompliance with the requirements of subdivisions b through f of

subsection 1, a reasonable time shall be allowed to remedy such noncompliance.

3. If the duty imposed by subdivision a of subsection 1 is greater than any duty imposed

by any other subdivision of that subsection, the landlord's duty shall be determined by

reference to subdivision a of subsection 1.

4. The landlord and tenant of a single-family residence may agree in writing that the

tenant perform the landlord's duties specified in subdivisions e and f of subsection 1

and also specified repairs, maintenance tasks, alterations, and remodeling, but only if

the transaction is entered into in good faith.

5. 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:

a. The agreement of the parties is entered into in good faith and is set forth in a

separate writing signed by the parties and supported by adequate consideration.

b. The work is not necessary to cure noncompliance with subdivision e of

subsection 1.

c. The agreement does not diminish or affect the obligation of the landlord to other

tenants in the premises.

6. The landlord may not treat performance of the separate agreement described in

subsection 4 as a condition to any obligation or performance of any rental agreement.