§ 66-28-404. Use and Occupation by Tenant
Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven (7) days. Notice shall be given on or before the first day of any extended absence.
§ 66-28-405. Abandonment
The tenant’s unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be prima facie evidence of abandonment. The landlord is then expressly authorized to reenter and take possession of the premises. The tenant’s nonpayment of rent for fifteen (15) days past the rental due […]
§ 66-28-202. Effect of Unsigned or Undelivered Agreement
If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy. Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without […]
§ 66-28-203. Prohibited Provisions
No rental agreement may provide that the tenant: Authorizes any person to confess judgment on a claim arising out of the rental agreement; Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected with such […]
§ 66-28-204. Unconscionability
If the court, as a matter of law, finds: A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or A settlement in which a party waives or […]
§ 66-28-103. Purposes — Rules of Construction
This chapter shall be liberally construed and applied to promote its underlying purposes and policies. Underlying purposes and policies of this chapter are to: Simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; Encourage landlord and tenant to maintain and improve the […]
§ 66-28-104. Chapter Definitions
Subject to additional definitions contained in this chapter, which apply to specific portions of this chapter, and unless the context otherwise requires, in this chapter: “Action” means recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession; “Building and housing codes” means any law, ordinance, […]
§ 66-28-105. Jurisdiction and Service of Process
The general sessions and circuit courts of this state shall exercise original jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over the parties may be acquired in a civil action or […]
§ 66-28-106. Notice
Either party has notice of a fact if such person: Has actual knowledge of it; or Has been given written notice. All parties must give written notice to the last known or designated address contained in the lease agreement.
§ 66-28-107. Residential Landlord Registration
Each landlord of one (1) or more dwelling units is required to furnish the following information with the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located: The landlord or the landlord’s agent’s name, telephone number, and physical address, which does not […]