Title 18, Property

This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

(1) The following arrangements are not governed by this chapter:(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;(2) Occupancy under a contract of sale of …

The district court or appropriate court of this state shall exercise jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter.

(1) 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 reg…

Every duty under this chapter and every act that shall 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 performances or enforcement.

(a) (1) A person has notice of a fact if:(A) The person has actual knowledge of it;(B) The person has received a notice or notification of it; or(C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists.(2) A…

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including, but not limited to, rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (b) (1) Re…

(1) Section 18-16-301 et seq. shall determine:(1) Whether a security deposit is required under this chapter; and(2) The rights, duties, and remedies of a landlord and tenant concerning a security deposit. (1) Whether a security deposit is required under this chapter; and (2) The …

(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, and exclusive of a lease to purchase or a lease with a purchase right and except when temporarily prevented by an act of God, the failure of, or caused by, public utility service, or…

(1) A tenant shall:(1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;(2) Keep the dwelling unit and that part of the premises that he or she uses reasonably safe and reasona…

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, investigate possible rule or le…

Unless otherwise agreed, a tenant shall occupy his or her dwelling unit only as a dwelling unit and shall not conduct or permit any illegal activities thereon.

(a) (1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate u…

(a) (1) If there is noncompliance by the tenant with § 18-17-601 materially affecting health and safety that may 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 four…

If the rental agreement is terminated, the landlord has a right to possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees.

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given …

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in district court without posting bond to compel access or terminate the rental agreement. (b) In either case the landlord may recover actual damages and reasonable attorney's fees.

(1) In any action in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the rental agreement:(1) (A) (i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenan…

(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed. (b) (1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that h…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this chapter that may be given effect without the invalid provision or application, and to this end the pro…

Transactions entered into before July 31, 2007, and not extended or renewed on or after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law …

(a) A landlord or his or her agent may commence eviction proceedings against a tenant in a district court having jurisdiction over the eviction proceeding, when:(1) The tenant fails or refuses to pay the rent when due or when demanded;(2) The term of tenancy or occupancy has ende…

(a) (1) (A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for th…

(a) The copy of the order to vacate under § 18-17-902 may be served in the manner as is provided by law for the service of the summons in actions pending in the district court of this state. (b) When service in accordance with subsection (a) of this section has been unsuccessfull…

If the tenant fails to appear and show cause within the ten-calendar-day period provided in § 18-17-902(b) as directed by the order or at the court appointed hearing date, the court shall enter judgment in favor of the plaintiff and direct the clerk to issue a writ of possession,…

If the tenant appears and contests eviction, the court shall hear and determine the case as any other civil case.

In any eviction proceeding in a district court, the landlord shall be designated as plaintiff and the tenant as defendant.

If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county.

(1) If the judgment is for the defendant, the tenant shall be entitled to remain in possession until:(1) The termination of his or her tenancy by agreement or operation of law;(2) Failure or neglect to pay rent; or(3) Eviction in another proceeding under this chapter or by the ju…

Either party may appeal in an eviction case and the appeal shall be heard and determined as other appeals in civil cases.

(a) An appeal in an eviction case will not stay eviction unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the court and conditioned for the payment of all costs and damages that the landlord may sustain. (b)…

(a) (1) After the commencement of eviction proceedings by the issuance of an order to vacate or to show cause as provided in § 18-17-902, the rent for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premis…

(a) In any action involving a commercial lease in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the lease agreement:(1) (A) The tenant shall pay the landlord all rent that becomes due after the issuance of the order r…

In executing a writ of possession, the sheriff shall proceed in accordance with the provisions of § 18-60-310.