US Lawyer Database

§ 18-16-507. Writ of possession — Definition

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff or police chief shall immediately proceed to execute the writ of possession in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ of possession the defendant or defendants […]

§ 18-16-508. Costs and attorney’s fees — Damages

(a) (1) A court granting relief under this subchapter may order in addition to any other costs provided by law the payment by the defendant or defendants to the plaintiff reasonable attorney’s fees and the costs of the action. In such cases, multiple defendants are jointly and severally liable for any payment so ordered. (2) […]

§ 18-16-509. Immunity from civil liability

For any action or threatened action taken to enforce a right or remedy provided by this subchapter, a landlord, a premises owner, an agent or attorney for the premises owner, and a real estate licensee as defined in § 17-42-103 are immune from civil liability for the breach of an express or implied covenant concerning […]

§ 18-16-407. Sale and removal procedure

(a) Before conducting a sale or removal of personal property under § 18-16-406, the operator shall: (1) (A) Notify the occupant in writing of the default. (B) Except as provided in subdivision (a)(1)(D) of this section, notice shall be sent by first class mail with certificate of mailing to the occupant at the occupant’s last […]

§ 18-16-111. Manufactured homes and mobile homes on leased land — Definitions

(a) As used in this section: (1) “Lessee” means the person or persons leasing the property, site, or lot where a manufactured home or mobile home is located; (2) “Lessor” means the owner or manager of the property, site, or lot where a manufactured home or mobile home is located; and (3) “Unoccupied” means that […]

§ 18-16-408. Disposition of sale proceeds

(a) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (b) of this section. (b) If a sale is held under this subchapter, the operator shall: (1) Satisfy the lien from the proceeds of the sale; and (2) Hold the balance, if any, […]

§ 18-16-112. Protection for victims of domestic abuse — Definitions

(a) As used in this section: (1) “Documented incident of domestic abuse” means evidence of domestic abuse contained in an order of a court of competent jurisdiction; (2) “Domestic abuse” means: (A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member […]

§ 18-16-409. Notices — Method of delivery

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by first class mail with certificate of mailing. (b) (1) Notices sent to the operator shall be sent to the self-service storage facility where the occupant’s property is stored. (2) Notices to the occupant shall be sent to the occupant at […]

§ 18-16-113. Hunting and fishing rights — Leased farmland

(a) (1) A tenant of leased or rented farmland shall have no right to hunt or fish or grant the right to hunt or fish on the farmland that he or she leases or rents unless the right to hunt or fish or to grant the right to hunt or fish is expressly granted in […]