by Sue A. Sponte

Created on: March 10, 2011   Last Updated: March 12, 2011

The Uniform Residential Landlord and Tenant Act (URLTA) protects the interests of both the tenant and landlord by attempting to establish model laws that represent the best practices of most states. The URLTA is a model law proposed by the National Conference of Commissioners of Uniform State Laws. Unlike the Uniform Commercial Code and the Uniform Trusts Act, the URLTA has not been as widely adopted by state legislatures, which means that landlord tenant law remains an area that varies considerably from state to state.  Even those that have largely accepted the act have made minor modifications to it.  Consulting with a local landlord tenant lawyer is always a good idea.

The URLTA protects landlord in two main ways: by setting out the obligations of tenants and by given landlords specific remedies to follow in the event that tenants do not live up to their obligations.

Tenant obligations under the URLTA are contained in Section 3.101 through Section 3.104

Tenants are required to comply with health and safety codes, dispose of garbage, keep plumbing fixtures clear, show good judgment in using items like the heating and air conditioning units, not destroy the property, and conduct themselves to avoid disturbing other tenants. The landlord is also permitted under the law to establish rules for the health, safety, and welfare of the tenants or to protect the landlord’s property from abuse.  These rules have to be applied uniformly and must be clear to let the tenant know what is prohibited.

The act requires that tenants allow landlords to access the property to inspect, repair, and show the property to prospective tenants.

Landlord remedies are contained in Sections 4.201 through 4.207 of the URLTA.

Section 4.201 provides remedies for landlords who believe that tenants are not in compliance with the terms of the lease. Often referred to as the 14/30 provision, it allows a landlord to deliver written notice to a tenant that he or she is not in compliance with the lease and giving 14 days to cure the breach, or that the lease will terminate in 30 days if the breach is not cured.  Repeat problems of the same type allow the landlord to terminate the lease on 14 days’ notice without giving a second opportunity to cure the breach.  A similar provision allows the landlord to terminate the lease for nonpayment of rent with 14 days notice.

Section 4.202 allows that if a tenant does not live up to the obligation to keep the premises in a healthy and safe condition, the landlord also has the remedy under the URLTA to enter the premises and make the necessary repairs, billing the tenant for those repairs later. 

Section 4.203 deals with landlords rights in cases of apparent abandonment.  It allows that if the tenant is absent for more than seven days the landlord may enter at such times as are reasonable without giving the required notice that would otherwise be necessary. The landlord may attempt to re-rent an abandoned property and must make reasonable efforts to do so.

Finally, Sections 4.204 through 4.207 put some limitations on the landlord’s ability to hold tenants responsible for breaches. For example, 4.204 states that accepting rent when the landlord knows that the tenant is in breach constitutes a waiver of that breach.  Section 4.207 prevents a landlord from shutting off essential services such as heat, electricity, gas, or water in order to force a tenant to give up possession of the property.

The URLTA tries to reflect prevailing trends in landlord tenant law, and therefore provides some protections to both the landlord and the tenants.

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