18 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) 1 CHAPTER 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) § 51101. Lessor to Make Dwelling Habitable. § 51102. Lessee Repairs. § 51103. Hiring without Time Limit. § 51104. Hiring, Indefinite Term. § 51105. Renewal, Continued Possession. § 51106. Notice to Quit. § 51107. When Rent is Payable. § 51108. Attornment to Stranger. § 51109. Tenant to Deliver Notices. § 51110. Partial Room Leasing Forbidden. § 51111. Oral Leases; Limitation on Raising Rents. § 51112. Civil Penalty. § 51101. Lessor to Make Dwelling Habitable. The lessor of a building intended for the occupatio n of human beings must, in the absence of an agreement to the contrar y, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are me ntioned in § 50105 of this Part. SOURCE: CC § 1941. § 51102. Lessee Repairs. If within a reasonable time after notice to the les sor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, where the cost of such repairs does not re quire an expenditure greater notice to the les sor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, where the cost of such repairs does not re quire an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the lessee may vacat e the premises, in which case he shall be discharged from further payment of rent, or performance of other conditions. SOURCE: CC § 1942. § 51103. Hiring without Time Limit. COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) 2 A hiring of real property, other than lodgings and dwelling houses, in places where there is no usage on the subject, is p resumed to be for one year from its commencement, unless otherwise expressed i n the hiring. SOURCE: CC § 1943. § 51104. Hiring, Indefinite Term. A hiring of lodgings or a dwelling house for an uns pecified term is presumed to have been made for such length of time as the parties adopt for the estimation of rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. or an uns pecified term is presumed to have been made for such length of time as the parties adopt for the estimation of rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. In the absence of any agreement r especting the length of time or the rent, the hiring is presumed to be mont hly. SOURCE: CC § 1944. § 51105. Renewal, Continued Possession. If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts re nt from him, the parties are presumed to have renewed the hiring on the same ter ms and for the same time, not exceeding one month when the rent is paya ble monthly, not in any case one year. SOURCE: CC § 1945. § 51106. Notice to Quit. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in the last section, at the end of the term implied by law, unless one of the parties gives not ice to the other of his intention to terminate the same, at least as long b efore the expiration thereof as the term of the hiring itself, not exceeding one month. SOURCE: CC § 1946. § 51107. When Rent is Payable. er of his intention to terminate the same, at least as long b efore the expiration thereof as the term of the hiring itself, not exceeding one month. SOURCE: CC § 1946. § 51107. When Rent is Payable. When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not ex ceed one year. If the holding is by the day, week, month, quarter, or yea r, rent is payable at the termination of the respective periods, as it succes sively becomes due. SOURCE: CC § 1947. § 51108. Attornment to Stranger. COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) 3 The attornment of a tenant to a stranger is void, u nless it is made with the consent of the landlord, or in consequence of a judgment in a court of competent jurisdiction. SOURCE: CC § 1948. § 51109. Tenant to Deliver Notices. Every tenant who receives notice of any proceeding to recover the real property occupied by him, or the possession thereof , must immediately inform his landlord of the same, and also deliver t o the landlord the notice, if in writing, and is responsible to the landlord for all damages which he may sustain by reason of f , must immediately inform his landlord of the same, and also deliver t o the landlord the notice, if in writing, and is responsible to the landlord for all damages which he may sustain by reason of any omission to inform him of the notice, or to deliver it to him if in writing. SOURCE: CC § 1949. § 51110. Partial Room Leasing Forbidden. One who hires part of a room for a dwelling is enti tled to the whole of the room, notwithstanding any agreement to the cont rary; and if a landlord lets a room as a dwelling for more than one family, the person to whom he first lets any part of it is entitled to possession of the whole room for the term agreed upon, and every tenant in the building, unde r the same landlord, is re- lieved of all obligation to pay rent to him while s uch double letting of any room continues. SOURCE: CC § 1950. § 51111. Oral Leases; Limitation on Raising Rents. Notwithstanding and other provision of law, no land lord may raise the monthly rental of any tenant who occupies a residen tial unit used as a primary residence which is held pursuant to a verba l or oral lease or oral or verbal rental agreement by more than five percent ( 5%) per annum. any tenant who occupies a residen tial unit used as a primary residence which is held pursuant to a verba l or oral lease or oral or verbal rental agreement by more than five percent ( 5%) per annum. Any such verbal agreement or lease shall be for an init ial period of one year, and during such period, the tenant may not be evicted e xcept for nonpayment of rent or for damage or destruction of the rented pre mises. At the expiration of such one year period and thereafter, the landlord s hall give the tenant 90 days notice of eviction, except in cases of nonpaym ent of rent or damage or destruction of the rental premises by the tenant. I n such cases, the landlord may not increase the rent by more than five percent (5%) per annum, and may not evict a tenant or terminate an oral or verb al lease or rental agreement in such case for the sole purpose of incr easing the rent on a COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) 4 premises which has been rented pursuant to an oral or verbal lease or rental agreement. It is the position of the Legislature that all resi dential rental agreements and leases should be in writing signed by which has been rented pursuant to an oral or verbal lease or rental agreement. It is the position of the Legislature that all resi dential rental agreements and leases should be in writing signed by both part ies. Therefore, this Section shall not apply to written leases or rental agreements signed by both parties, nor shall it apply to the rental of reside ntial or other property pursuant to a written lease or rental agreement. Th is Section shall apply only to verbal leases or verbal rental agreements entere d into after January 1, 1988. SOURCE: New section added by Compiler. Originally, this sec tion was an uncodified section enacted by P.L. 19-10:XI:29 (11/14/87). § 51112. Civil Penalty. (a) The Department of Revenue and Taxation shall mo nitor, control, and regulate the process of investigating and colle cting fees from any facility verbally expressing or advertising the lease or the use of property as a lodging facility accommodating transient visitors t hat is being operated without the proper licenses. (b) The owner(s) of a property verbally expressing or advertising the lease or the use of their property as a lodging fac ility and marketed or advertised for transient d without the proper licenses. (b) The owner(s) of a property verbally expressing or advertising the lease or the use of their property as a lodging fac ility and marketed or advertised for transient guests without proper lice nses shall: (1) be punishable, upon determination by the Direct or or his duly authorized designee of the Department of Revenue an d Taxation, by a fine of Five Thousand Dollars ($5,000). (A) The owner(s) shall be issued a notice to cease operations by the Department of Revenue and Taxation within tw enty-four (24) hours of conviction. (B) The owner(s) may resume operations once all lic enses have been acquired and can be provided upon request ; and (2) (A) any owner(s) of a property issued a second (2nd) notice to cease operations by the Director or his duly aut horized designee of the Department of Revenue and Taxation within on e (1) year of the first (1st) notice shall be punishable, upon de termination by the Director or his duly authorized designee of the Department of Revenue and Taxation, by a fine of Ten Thousand Dol lars COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. le, upon de termination by the Director or his duly authorized designee of the Department of Revenue and Taxation, by a fine of Ten Thousand Dol lars COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) 5 ($10,000) for every day they are found to have rema ined in operation. (B) The owner(s) of the property shall not be able to apply for any license to conduct business on Guam for a term of one (1) year. (c) Any property being managed and used as a lodgin g facility, whether verbally expressed or advertised and market ed toward transient guests by a short term vacation unit emergency cont act, on-site manager, or similar lodging facility operator(s), other than th e owner(s) of the property, and operates without the proper licenses shall: (1) (A) be punishable, upon determination by the Di rector or his duly authorized designee of the Department of Reven ue and Taxation, by a fine of Five Thousand Dollars ($5,00 0) and be issued a notice to cease operations within twenty-f our (24) hours of conviction and until all licenses have been acqu ired and can be provided upon request. of Five Thousand Dollars ($5,00 0) and be issued a notice to cease operations within twenty-f our (24) hours of conviction and until all licenses have been acqu ired and can be provided upon request. (B) The owner(s) of the property shall be provided with a 'Notice of Illegal Operation' on their property wit hin twenty-four (24) hours of the lodging facility operator(s) noti ce to cease operations; and (2) (A) after a second (2nd) notice to cease operat ions has been given to the lodging facility operator(s) by the Di rector or his duly authorized designee of the Department of Revenue an d Taxation within one (1) year of the first (1st) notice, the lodging facility operator(s) shall be punishable, upon determination by the Director or his duly authorized designee of the Dep artment of Revenue and Taxation, by a fine of Ten Thousand Dol lars ($10,000) for every day they are found to have rema ined in operation. (B) The lodging facility operator(s) of the busine ss shall not be able to apply for any license to conduct busines s on Guam for a term of one (1) year. (C) The owner(s) of the property shall be given a second (2nd) notice of illegal operation on their property and shall be pply for any license to conduct busines s on Guam for a term of one (1) year. (C) The owner(s) of the property shall be given a second (2nd) notice of illegal operation on their property and shall be punishable, upon determination by the Director or h is duly authorized designee of the Department of Revenue an d Taxation, COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) 6 by a fine of Five Thousand Dollars ($5,000) for eve ry day the lodging facility operator(s) has been found to have remained in operation on the property. SOURCE: Added by P.L. 33-165:9 (June 30, 2016). 2016 NOTE: Subitem designations were added to adhere to the Compiler’s general codification and alpha-numeric schemes pursuant to 1 GCA § 1606. ---------- COL29201718 GCA BUSINESS STRUCTURE & FUNCTION CH. 51 HIRING OF REAL PROPERTY (L ANDLORD & TENANT ) COL292017
Guam Legal Code