Title 28, Property

§521-71 Termination of tenancy; landlord's remedies for holdover tenants. (a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the land…

§521-72 Landlord's remedies for improper use. (a) If the tenant breaches any rule authorized under section 521-52, the landlord may notify the tenant in writing of the tenant's breach. The notice shall specify the time, not less than ten days, within which the tenant is required …

§521-73 Landlord's and tenant's remedies for abuse of access. (a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access as provided in section 521-53(a). (b) Except for an entry under an emergency such as…

§521-74 Retaliatory evictions and rent increases prohibited. (a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withh…

§521-74.5 Recovery of possession limited. The landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the tenant contrary to the rental agreement or sect…

[§521-75] Unconscionability. (a) In any court action or proceeding with respect to a rental agreement, if the court as a matter of law finds the agreement or any provision of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agr…

[§521-77] Investigation and resolution of complaints by the office of consumer protection. The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter. [L 1976, c 77, §2]

§521-78 Rent trust fund. (a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subs…

[§521-79] Definitions. For the purposes of this part, "domestic violence" shall have the same meaning as "domestic abuse" as defined in section 586-1. [L 2015, c 220, pt of §1]

§521-8 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Action" with reference to a judicial proceeding includes recoupment, counterclaim, setoff, and any other proceedings in which rights are determined, including an action for possession. "A…

§521-80 Early termination of tenancy; victims of domestic violence. (a) A tenant may terminate a rental agreement of a term of one year or less without penalty or fees for early termination or liability for future rent if the tenant or an immediate family member of the tenant res…

[§521-81] Change of locks; victims of domestic violence. (a) Subject to subsections (b) and (c), if a tenant of a dwelling unit or an immediate family member of the tenant has been the victim of domestic violence and the tenant does not elect to be released from the rental agreem…

[§521-82] Court order to vacate; domestic violence. (a) If a court of competent jurisdiction, in an action relating to domestic violence, has ordered the person who committed domestic violence against the tenant or immediate family member of the tenant to vacate the dwelling unit…

[§521-83] Early termination of tenancy; servicemember tenants. (a) A servicemember tenant may terminate a rental agreement of a term of one year or less without penalty or fees for early termination or liability for future rent if the servicemember tenant receives military orders…

[§521-84] Pre-litigation mediation for tenancies subject to certain emergency proclamations. [See Note below.] (a) This section shall apply to any tenancy subject to suspension of sections 521-68 and 521-71 and chapter 666, under emergency proclamations issued by the governor and…

[§521-85] Death of a tenant; notice. (a) As part of the rental agreement or in a separate written instrument, a tenant may designate the name and contact information, including mailing address, of a representative authorized by the tenant to collect or dispose of the tenant's per…

[§521-9] Notice, notification, knowledge, etc. (a) A person has notice of a fact when: (1) The person has actual knowledge of it; or (2) The person has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question…

[§523A-1] Short title. This part may be cited as the Uniform Unclaimed Property Act. [L 2008, c 55, pt of §1]

[§523A-10] Notice and publication of lists of abandoned property. (a) The administrator shall publish a notice not later than March 1 of the year next following the report required by section 523A-8 at least once statewide. The notice shall be in a form that, in the judgment of t…

[§523A-11] Custody by State; recovery by holder; defense of holder. (a) In this section, payment or delivery is made in "good faith" if: (1) Payment or delivery was made in a reasonable attempt to comply with this part; (2) The holder was not then in breach of a fiduciary obligat…

[§523A-12] Crediting of dividends, interest, and increments to owner's account. If property other than money is delivered to the administrator under this part, the owner shall be entitled to receive from the administrator any income or gain realized or accruing on the property at…

[§523A-13] Public sale of abandoned property. (a) Except as otherwise provided in this section, the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the State which in the judgment of th…

§523A-14 Claim of another state to recover property. (a) Subject to the period of limitation set forth in section 523A-19(c), after property has been paid or delivered to the administrator under this part, another state may recover the property if: (1) The property was paid or de…

§523A-15 Filing claim with administrator; handling of claims by administrator. (a) Subject to the period of limitation set forth in section 523A-19(c), a person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribe…

[§523A-16] Action to establish claim. A person, excluding another state, aggrieved by a decision of the administrator or whose claim has not been acted upon within one hundred twenty days after its filing may maintain an original action to establish the claim in the circuit court…

[§523A-17] Election to take payment or delivery. (a) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the administrator …

[§523A-18] Destruction or disposition of property having no substantial commercial value; immunity from liability. If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or oth…

§523A-19 Periods of limitation. (a) The expiration, before or after July 1, 2009, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, shall not preclude the property from being presumed abandoned o…

[§523A-2] Definitions. As used in this part, unless the context otherwise requires: "Administrator" means the director of finance. "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder…

[§523A-20] Requests for reports and examination of records. (a) The administrator may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the…

[§523A-21] Retention of records. (a) Except as otherwise provided in subsection (b), a holder required to file a report under section 523A-8 shall maintain the records containing the information required to be included in the report for ten years after the holder files the report…

[§523A-22] Enforcement. The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney's fees to the prevailing party. [L 2008, c 55, pt of §1]

[§523A-23] Interstate agreements and cooperation; joint and reciprocal actions with other states. (a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the ot…

[§523A-24] Interest and penalties. (a) A holder who fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of two percentage points above the annual rate of discount in effect on the date the pr…

§523A-25 Agreement to locate property. (a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned shall be void and unenforceable if it was entered into during the period commencing o…

§523A-26 Deposit of funds. (a) There is established in the state treasury the unclaimed property trust fund, which shall be administered by the administrator. All moneys collected by the unclaimed property program from holders of property presumed abandoned and all proceeds from …

[§523A-27] Foreign transactions. This part does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction. [L 2008, c 55, pt of §1]

[§523A-28] Transitional provisions. (a) An initial report filed under this part for property that was not required to be reported before July 1, 2009 but which is subject to this part shall include all items of property that would have been presumed abandoned during the ten-year …

[§523A-29] Rules. The administrator may adopt, pursuant to chapter 91, rules necessary to carry out this part. [L 2008, c 55, pt of §1]

[§523A-3] Presumptions of abandonment. (a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler's check, fifteen years after issuance; (2) Money order, seven years after issuance; (3) Sto…

[§523A-3.5] Gift certificates and gift cards. (a) This part shall not apply to a gift certificate or gift card; provided the gift certificate or gift card has no expiration date, no expiration period, and no type of post-sale charge or fee (including but not limited to service ch…

[§523A-30] Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. [L 2008, c 55, pt of §1]

[§523A-4] Contents of safe deposit box or other safekeeping depository. Tangible property held in a safe deposit box or other safekeeping depository in this State in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by oth…

[§523A-5] Rules of taking custody. Except as otherwise provided in this part or by other statute of this State, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this State if: (1) The last known address of the appar…

[PART II.] UNCLAIMED PROPERTY HELD BY THE UNITED STATES [§523A-51] Declaration of policy. It is the policy of this State to discover property in the custody of officers, departments, and agencies of the United States, which property is unclaimed or abandoned by owners whose addre…

[§523A-52] Definitions. For purposes of this part, the following words shall have the following meanings: "Unclaimed property" means any tangible personal property or intangible personal property, including money, deposits, choses in action in amounts certain, and all debts owed …