(b) The landlord and tenant may agree that the
tenant is to perform specified repairs, maintenance tasks, and minor remodeling
only if:
(1) The agreement of the landlord and tenant is
entered into in good faith and is not for the purpose of evading the
obligations of the landlord;
(2) The work to be performed by the tenant is not
necessary to cure noncompliance by the landlord with section 521-42(a)(1); and
(3) The agreement of the landlord and tenant does not
diminish the obligations of the landlord to other tenants. [L 1972, c 132, pt
of §1; am L 1976, c 90, §1; am L 1981, c 235, §1; gen ch 1985; am L 1989, c
143, §1]
Case Notes
Where landlord failed to present the required inventory
documenting the condition of the property at the time landlord accepted payment
for the initial monthly rent and entered into the oral rental agreement with
tenants, pursuant to subsection (a), the condition of the property at the
termination of the oral rental agreement was presumed to be the same as when
tenants first occupied the property pursuant to the oral agreement; since no
evidence was presented by landlord to rebut this presumption, the trial court's
award to landlord for damages to the property was improper. 112 H. 302 (App.),
145 P.3d 845 (2006).