Occupancy, Access, and Other Agreements Codes

States

Six states expressly incorporate issues regarding occupancy, access, or other agreements: Missouri, Nebraska, New Mexico, Ohio, Utah, and Wyoming. Missouri and Wyoming deal with occupancy limits. Ohio deals with landlord access to the tenant’s property. Nebraska and New Mexico require tenants to abide by the condominium association and neighborhood association rules if applicable. Utah is unusual because it refers to smoking tobacco products and requires that the tenant comply with the landlord’s rules whether allowed or prohibited.

Missouri

441.630. Duties of occupant

Every occupant of a dwelling unit under the provisions of sections 441.500 to 441.643 shall be responsible to pay all rents due from him or her when such rents become due and to exercise reasonable care:

(5) Shall not under any circumstances take in additional occupants, sublease, rent or turn over said premises to any persons without the owner's knowledge and consent.

Nebraska

76-1421. Tenant to maintain dwelling unit

The tenant shall:

(8) Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with landlord's rights or duties.

New Mexico

47-8-22. Obligations of resident

The resident shall:

H. abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement or neighborhood association not inconsistent with owner's rights or duties.

Ohio

5321.04 Obligations of landlord

(A) A landlord who is a party to a rental agreement shall do all of the following:

(7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code;
(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

(B) If the landlord makes an entry in violation of division (A) (8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.

5321.05 Obligations of tenant

(B) The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant's mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Utah

§ 57-22-5. Renter's duties--Cleanliness and sanitation--Compliance with written agreement—Destruction of property, interference with peaceful enjoyment prohibited

(1) Each renter shall:

(f) occupy the residential rental unit in the manner for which it was designed, but the renter may not increase the number of occupants above that specified in the rental agreement without written permission of the owner;
(h) comply with all appropriate requirements of the rental agreement between the owner and the renter, which may include either a prohibition on, or the allowance of, smoking tobacco products within the residential rental unit, or on the premises, or both.

Wyoming

§ 1-21-1204. Renter's duties

(a) Each renter shall:

(v) Occupy the residential rental unit in the manner for which it was designed and shall not increase the number of occupants above that specified in the rental agreement without written permission of the owner.

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