Title 33, Property

In this chapter, unless the context otherwise requires: 1. "Community documents" means condominium documents as defined in section 33-1202 or community documents as defined in section 33-1802, including covenants, conditions and restrictions and deed restrictions applicable to th…

A. Notwithstanding any provision to the contrary in title 10, chapter 39 or chapter 9 or 16 of this title and in addition to any requirements prescribed in the community documents of a homeowners' association, a homeowners' association may file a homeowners' association dwelling …

A. This chapter applies only to homeowners' association dwelling actions. This chapter does not apply to: 1. Actions filed by individual members of a homeowners' association against a seller. 2. Claims for personal injury, death or damage to property other than a dwelling. 3. Com…

A. This chapter applies to, regulates and determines rights, obligations and remedies for a recreational vehicle space that is rented in a recreational vehicle park or mobile home park by the same tenant under a rental agreement for more than one hundred eighty consecutive days. …

In this chapter, unless the context otherwise requires: 1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. 2. "Appurtenances" means awnings, sheds, porches and other at…

Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

A. If a court, as a matter of law, finds that: 1. A rental agreement or any provision of a rental agreement was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the applic…

A. At the request of either the landlord or the tenant, a signed, written rental agreement shall be executed. The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this …

A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or forgo rights or remedies provided by law. 2. Place any additional person's name on the title to the recreational vehicle as a condition of tenancy or residency for that additional person or pay a fee o…

A. A landlord may charge separately for gas, water or electricity by doing either of the following: 1. Installing a submetering system. 2. Allocating the charges separately through a ratio utility billing system. B. If a landlord charges separately for gas, water or electricity b…

A. On termination of the tenancy, any security deposit may be applied to the payment of accrued rent, including utilities, and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the law if the accrued rent and damages are itemized by…

A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing before entering into the rental agreement the name and address of each of the following: 1. The person authorized to manage the premises. 2. …

The landlord shall: 1. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 2. Comply with all applicable provisions of city, county and state codes materially affecting health and safety.

A tenant of a recreational vehicle space shall exercise diligence to maintain that part of the premises that the tenant has rented in as good condition as when the tenant took possession and shall: 1. Comply with all obligations primarily imposed on tenants by applicable provisio…

A. A landlord shall adopt written rules, however described, concerning the tenant's use and occupancy of the premises. Rules are enforceable against the tenant only if: 1. They apply to all tenants on the premises in a fair manner. 2. They are sufficiently explicit in prohibition…

Unless provided in a written agreement, the landlord has no right of access to a tenant's recreational vehicle without the tenant's permission.

A. Except as otherwise provided by law, if there is a material noncompliance by the landlord with the rental agreement or the rules, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement wil…

If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate t…

A. Except as provided in subsection F of this section, the landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy subject to this chapter. The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with spec…

A. If a tenant abandons a recreational vehicle on the space, the landlord shall notify the owner and lienholder of record of the recreational vehicle within fifteen days about the owner's or lienholder's liability for any costs incurred for the rental space including rent and uti…

A. If the rental agreement is terminated, the landlord may have a claim for possession of the recreational vehicle space and for rent and a separate claim for actual damages for breach of the rental agreement. B. In the execution of any writ of restitution issued pursuant to sect…

If there is noncompliance by the tenant with law that materially affects health and safety and that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within ten days after …

A. The landlord may terminate a tenancy only as provided in this chapter. B. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and rent for th…

A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following: 1. The tenant has complained to a governmental agency charged with responsibil…

For recreational vehicles that are park trailers or park models only: 1. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before gi…

For recreational vehicles that are park trailers or park models only: 1. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age-restricted community to an all-age community use as defined by the housing …

For recreational vehicles that are park trailers or park models only: 1. In order to provide monies for the mobile home relocation fund, each owner of a park trailer or park model located in a park who does not own the land on which the park trailer or park model is located shall…

This chapter applies to all timeshare plans, timeshare property and associations in this state that are established on or after the effective date of this chapter. This chapter also applies, unless the timeshare instrument provides otherwise, to timeshare plans, timeshare propert…

In this chapter, unless the context otherwise requires: 1. "Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or other private or commercial structure that contains toilet facilities, that is designed and available for use and …

A. For each timeshare plan and timeshare property in this state, the developer shall provide in the timeshare instrument for a managing entity. The managing entity may be the developer, a separate manager or management firm or an association. There may be different managing entit…

A. Except as provided in the timeshare instrument, subsection B or other provisions of this chapter, the board may act in all instances on behalf of the association. B. Except as expressly authorized in the timeshare instrument, the board shall not act on behalf of the associatio…

A. Unless the timeshare instrument provides for a higher quorum requirement, the percentage of voting interests required to make decisions and to constitute a quorum at a meeting of the members of an association shall be ten per cent of the voting interests of owners who are not …

A. The duties of the applicable managing entity for a timeshare plan or timeshare property may include, but are not limited to: 1. Management of the timeshare plan or management and maintenance of the timeshare property, or both, in accordance with the timeshare instrument. 2. Co…

A. If an association, developer or other managing entity files an action to foreclose the assessment lien on timeshare interests, the association, developer or other managing entity may join in the same action multiple defendant obligors and junior interest holders of separate ti…

A. Notwithstanding any provision in the timeshare instrument to the contrary and except as provided in this section, after the period of developer control under section 33-2204, all meetings of the association and board are open to all members of the association and all members s…

A. Except as provided in this section and section 33-2210, any owner or any person designated by the owner in writing as the owner’s representative may inspect and copy all financial and other records of the association or other managing entity that are directly related to the ti…

A. The association or other managing entity shall maintain among its records a complete list of the names and addresses of all owners of timeshare interests in the timeshare plan. The association or other managing entity shall update this list no less frequently than quarterly. N…

A. The association or other managing entity may cause a trustee's sale of the timeshare estate, of an owner who is delinquent in the payment of assessments for that timeshare estate to that association or managing entity, under a timeshare instrument pursuant to this section, but…

A. For any commercial building in this state on request of a prospective tenant, the owner of the building shall provide to the prospective tenant written notice of the names of any currently available telecommunications service providers that have equipment, property or connecti…

This chapter applies only to owners of commercial rental property and their tenants and does not apply to any landlord tenant relationship arising out of the leasing or rental of residential dwelling units that is governed by chapter 10, 11, 19 or 20 of this title.

A. Notwithstanding any other law, reasonable access to private property shall not be denied by this state or any political subdivision of this state. B. If an owner's private property is surrounded by land owned by this state or any political subdivision of this state, the owner …

A. Any person that places a drop box on private property shall obtain notarized approval that is signed by the private property owner or the private property owner's authorized agent before placing the drop box on the private property, provided the private property owner or the p…

In this chapter, unless the context otherwise requires: 1. "Affiliate" means: (a) With respect to an individual: (i) A companion of the individual. (ii) A lineal ancestor or descendant, whether by blood or adoption, of either the individual or a companion of the individual. (iii)…

A. Except as otherwise provided in subsection B of this section, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances. B. The court may issue an order under this chapter: 1. Without prior notice if the ci…

A. Except as otherwise provided in subsection B or C of this section, this chapter applies to a receivership for an interest in commercial real property and any personal property related to or used in operating the real property. B. This chapter does not apply to a receivership f…

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.