Northlake Title 8 Ch. 18 Residential Tenant and Landlord Ordinance § 8-18-5

A. Tenant Rights & Remedies. In addition to any remedies provided under municipal, state and federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth.


1. Material Noncompliance. Material noncompliance by a landlord shall include, but is not limited to, any of the following circumstances:


a. Failure to maintain floors in compliance with the safe load-bearing requirements of the City Code;


b. Failure to maintain the structural integrity of the building or structure or parts thereof;


c. Failure to comply with applicable requirements of the City Code for the number, width, construction, location or accessibility of exits;


d. Failure to maintain exit, stairway, fire escape or directional signs as required by the City Code;


e. Failure to provide smoke alarms, smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the City Code;


f. Failure to maintain elevators in compliance with applicable provisions of the City Code;


g. Failure to provide or maintain in good working order a flush toilet, bathroom sink, bathtub or shower, and kitchen sink if applicable;


h. Failure to maintain heating facilities or gas-fired appliances in compliance with the City Code;


i. Failure to provide heat or hot water in such amounts and at such levels and times as required by the City Code;


j. Failure to provide hot and cold running water as required by the City Code;


k. Failure to provide adequate hall or stairway lighting;


l. Failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;


m. Failure to maintain floors, interior walls or ceilings in sound condition and good repair;


n. Failure to maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devises as required by the City Code, including deadlatch locks, deadbolt locks, sash or ventilation locks and front door windows or peepholes;


o. Failure to supply screens as required by the City Code;


p. Failure to maintain stairways or porches in safe condition and sound repair;


q. Failure to maintain the basement or cellar in a safe and sanitary condition;


r. Failure to maintain facilities, equipment or chimneys in safe and sound working condition;


s. Failure to prevent the accumulation of stagnant water;


t. Failure to exterminate insects, rodents or other pests;


u. Failure to supply or maintain facilities for refuse disposal;


v. Failure to prevent the accumulation of garbage, trash, refuse or debris;


w. Failure to provide adequate light or ventilation as required by the City Code;


x. Failure to maintain plumbing facilities, pipping, fixtures, appurtenances and appliances in good operating condition and repair;


y. Failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the City Code;


z. Failure to maintain and repair any equipment which the landlord supplies or is required to supply by the City Code;


aa. Failure to maintain the dwelling unit and common areas in a fit and habitable condition in compliance with the City Code and all applicable, state statutes, federal laws and state and federal regulations.


If there is material noncompliance by the landlord with the rental agreement or with this section which renders the premises not reasonably fit and habitable, the tenant may deliver, at any time of month, a written notice to the landlord specifying the breach and that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of notice unless the breach is remedied by the landlord prior to the expiration of the notice. During that fourteen (14) day period, the tenant may withhold some or all of the rent until the breach is remedied. If the breach is not remedied prior to the expiration of the notice, the rental agreement shall terminate as provided in the notice. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. If possession shall not be so delivered, then the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return security.


Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement or with this section.


B. Failure to Provide Essential Services.


1. If, contrary to the rental agreement, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant shall deliver a written notice to the landlord specifying the service to be restored. If the landlord fails to correct the condition within 24 hours after being notified by the tenant, the tenant may:


a. Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure;


b. Procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service and, upon presentation to the landlord of paid receipts, deduct the cost from their rent;


c. Recover damages based upon the diminution in the fair rental value of the dwelling unit and reasonable attorney fees;


d. Procure substitute housing, in which case the tenant is excused from paying rent for the period of noncompliance. The tenant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reasonable fees.


e. In addition, the tenant may:


i. Terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all security deposits thereon and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect.


2. Tenants may not exercise their rights under this section if the condition was caused by the inability of a utility supplier to provider service or by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.


C. Fire or Casualty.


1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:


2. Immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of fire or casualty;


3. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit;


4. If the tenant desires to continue the tenancy and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, the tenant may notify the landlord in writing within 14 days after the tenant becomes aware that work is not being carried out diligently or within a reasonable time of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty.


5. If the rental agreement is terminated, the landlord shall return all security deposit. Accounting for rent in the event of a termination, apportionment shall be made of the date of the fire or casualty.


6. A tenant may not exercise remedies in this section if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or a person on the premises with the tenant's consent.


D. Minor and Other Repairs.


1. If the landlord fails to comply with the rental agreement or with the requirements of this section and the reasonable cost of compliance does not exceed $500.00 or one-half month's rent, whichever amount is greater, the tenant may recover damages for the breach or may notify the landlord in writing of their intention to correct the condition at the landlord's expense. If the landlord fails to comply within fourteen (14) days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may have work done in a workmanlike manner and, after submitting to the landlord a paid bill from an appropriate tradesman or supplier, deduct from their rent the amount therefore, not exceeding the limits specified in this section.


2. A tenant shall not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.


3. Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants of their plans and so arrange the work as to create the least practicable inconvenience to the other tenants.


4. For the purposes of mechanics' lien laws, repairs performed or materials furnished pursuant to this subsection shall be construed as having been performed or furnished pursuant to authority of or written permission of the landlord.


5. If the landlord fails to comply with the rental agreement or with the requirements of this section, the tenant may, where the condition has been cited as a code violation by the City, notify the landlord in writing of the tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises. If the landlord fails to correct the condition within fourteen (14) days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. A tenant shall not withhold rent under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.


E. Rights of Possession and Entry.


1. If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the rental agreement, rent abates until possession is delivered and the tenant may:


2. Upon written notice to the landlord, terminate rental agreement and, upon termination, the landlord shall immediately return all security deposits;


3. Demand performance of the rental agreement and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by them.


4. An aggrieved person may recover from the person withholding possession an amount not more than two (2) months' rent or twice the actual damages sustained by them, whichever is greater, and reasonable attorney fees.


5. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In each case, the tenant may recover an amount equal to not more than two (2) months' rent or twice the damages sustained by them, whichever is greater, and reasonable attorney fees.


F. Tenant Obligations. The tenant shall:


1. Comply with all obligations imposed upon tenants by provisions of the codes applicable to the dwelling unit;


2. Keep that part of the premises that they occupy and use as safe as the condition of the premises permits;


3. Dispose from their dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;


4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;


5. Use, in a reasonable manner, all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;


6. Not deliberately destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;


7. Conduct themselves and require other persons on the premises with their consent to conduct themselves in a manner that will not disturb their neighbors' peaceful enjoyment of premises;


8. Unless otherwise agreed, only occupy their dwelling unit as a dwelling unit. (Ord. O-20-2020, 12-7-2020)