§ 66-28-516. Obligation of Good Faith
Every duty under this chapter and every act which 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.
§ 66-28-517. Termination by Landlord for Violence or Threats to Health, Safety, or Welfare of Persons or Property
A landlord may terminate a rental agreement within three (3) days from the date written notice is received by the tenant if the tenant or any other person on the premises with the tenant’s consent: Willfully or intentionally commits a violent act; Behaves in a manner which constitutes or threatens to be a real and […]
§ 66-28-502. Failure to Supply Essential Services
If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following: Procure essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable costs from the rent; Recover damages based upon […]
§ 66-28-503. Fire or Casualty Damage
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use of the dwelling unit is substantially impaired, the tenant: May immediately vacate the premises; and Shall notify the landlord in writing within fourteen (14) days thereafter of the tenant’s intention to terminate the rental agreement, […]
§ 66-28-504. Unlawful Ouster, Exclusion, or Diminution of Service
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services as provided in the rental agreement to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover actual damages sustained by the tenant, and punitive […]
§ 66-28-505. Noncompliance by Tenant — Failure to Pay Rent
Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall […]
§ 66-28-506. Failure of Tenant to Maintain Dwelling
If there is noncompliance by the tenant with § 66-28-401 materially affecting health and safety 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 fourteen (14) days after written notice by the landlord specifying […]
§ 66-28-507. Absence, Nonuse or Abandonment by Tenant
If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days as required in § 66-28-404 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. During any absence of the tenant in excess of […]
§ 66-28-508. Waiver of Landlord’s Right to Terminate
If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord’s right and is estopped from terminating the rental agreement as to that breach.
§ 66-28-509. Landlord Liens
A contracted lien or security interest on behalf of the landlord in the tenant’s household goods shall not be enforceable unless perfected by a Uniform Commercial Code filing with the secretary of state. All other liens are hereby expressly prohibited under this chapter. The landlord shall be responsible for releasing the lien at expiration or […]