55-248.7 - Terms and conditions of rental agreement; copy for tenant.

§ 55-248.7. Terms and conditions of rental agreement; copy for tenant.

A. A landlord and tenant may include in a rental agreement, terms andconditions not prohibited by this chapter or other rule of law, includingrent, charges for late payment of rent, term of the agreement, automaticrenewal of the rental agreement, requirements for notice of intent to vacateor terminate the rental agreement, and other provisions governing the rightsand obligations of the parties.

B. In the absence of a rental agreement, the tenant shall pay as rent thefair rental value for the use and occupancy of the dwelling unit.

C. Rent shall be payable without demand or notice at the time and placeagreed upon by the parties. Unless otherwise agreed, rent is payable at theplace designated by the landlord and periodic rent is payable at thebeginning of any term of one month or less and otherwise in equalinstallments at the beginning of each month.

D. Unless the rental agreement fixes a definite term, the tenancy shall beweek to week in case of a roomer who pays weekly rent, and in all other casesmonth to month.

E. If the rental agreement contains any provision whereby the landlord mayapprove or disapprove a sublessee or assignee of the tenant, the landlordshall within 10 business days of receipt by him of the written application ofthe prospective sublessee or assignee on a form to be provided by thelandlord, approve or disapprove the sublessee or assignee. Failure of thelandlord to act within 10 business days shall be deemed evidence of hisapproval.

F. A copy of any written rental agreement signed by both the tenant and thelandlord shall be provided to the tenant within one month of the effectivedate of the written rental agreement. The failure of the landlord to deliversuch a rental agreement shall not affect the validity of the agreement.

G. No unilateral change in the terms of a rental agreement by a landlord ortenant shall be valid unless (i) notice of the change is given in accordancewith the terms of the rental agreement or as otherwise required by law and(ii) both parties consent in writing to the change.

(1974, c. 680; 1977, c. 427; 1983, c. 39; 1988, c. 68; 2000, c. 760; 2003, c.424.)