18-17-301. General definitions.

18-17-301. General definitions. As used in this chapter: (1) “Action” means a recoupment, counterclaim, suit in equity, and any other proceeding in which rights are determined, including without limitation an action for possession; (2) “Building and housing codes” means any law, ordinance, or governmental regulation or rule concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit; (3)(A) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household and includes landlord-owned mobile homes. (B) Property that is leased for the exclusive purpose of being renovated by the lessee is not considered a dwelling unit within the meaning of this chapter; (4) “Good faith” means honesty in fact in the conduct of the transaction concerned; (5) “Landlord” means the owner, lessor, or sublessor of the premises, and it also means a manager of the premises who fails to disclose as required by this chapter; (6) “Organization” means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity; (7)(A) “Owner” means one (1) or more persons, jointly or severally, in whom is vested all or part of: (i) The legal title to property; or (ii) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. (B) “Owner” includes, but is not limited to, a mortgagee in possession; (8) “Person” means an individual or organization; (9) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant; (10) “Rent” means the consideration payable for use of the premises, including late charges whether payable in lump sum or periodic payments, excluding security deposits or other charges; (11) “Rental agreement” means all agreements, written or oral, and valid rules adopted under this chapter embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; (12) “Roomer” means a person occupying a dwelling unit: (A) That does not include the following facilities provided by the landlord: (i) Toilet; (ii) Bathtub or shower; (iii) Refrigerator; (iv) Stove; and (v) Kitchen sink; and (B) Where one (1) or more of these facilities are used in common by occupants in the structure; (13) “Security deposit” means a monetary deposit from the tenant to the landlord to secure the full and faithful performance of the terms and conditions of the rental agreement as provided in this chapter; (14)(A) “Single family residence” means a structure maintained and used as a single dwelling unit. (B) Notwithstanding that a dwelling unit shares one (1) or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit; (15) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; and (16) “Willful” means an intentional attempt to avoid obligations under the rental agreement or the provisions of this chapter.