미국통일주택임대차법에 관한 연구

The Uniform Residential Landlord and Tenant Act, also known as URTLA, is the model law governing residential landlord and tenant interactions, created in 1972 by the National Conference of Commissioners on Uniform State Laws(NCCUSL), approved by the American Bar Association in 1974. The purposes and policies of this act are, ⑴ to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants; ⑵ to encourage landlords and tenants to maintain and improve the quality of housing; and ⑶ to make uniform the law with respect to the subject of this Act among those states which enact it. By 1974, eight states had adopted URLTA by statute. Currently, many states have adopted URLTA, and another states have similar statutes. URLTA changes many aspects of the agrarian common law principles. For example, the creation of a statutory warranty of habitability is one of the act's most noteworthy changes. URLTA requires a landlord to, among other things, comply with all housing codes, make repairs, maintain the premises in a habitable condition, keep all common areas clean and safe, perform maintenance, provide means for waste removal, and supply running water. As a result of the statutory warranty of habitability, the landlord must provide the premises in a habitable condition and continue to maintain habitable conditions. If the conditions of the premises are in fact uninhabitable or become so, the tenant has several remedies available to him under URLTA that were not provided under the common law agrarian principles. But, URLTA favors neither landlords nor tenants. It is intended to make residential landlord and tenant laws more fair to all parties and more relevant to rentals in a modern urban setting and places general obligations on both the landlord and the tenant to maintain and improve the quality of residential housing.