§ 33-1408 – Jurisdiction and service of process; recovery of attorney fees; treble damages
33-1408. Jurisdiction and service of process; recovery of attorney fees; treble damages A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant 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. In addition […]
§ 33-1409 – Definitions
33-1409. Definitions In this chapter unless the context otherwise requires: 1. " Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. 2. " Anniversary date" means an annual date applying to all tenants stated in the rental agreement on which the landlord […]
§ 33-1410 – Obligation of good faith
33-1410. 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.
§ 33-1411 – Unconscionability
33-1411. Unconscionability A. If the hearing officer or court, as a matter of law, finds: 1. That a rental agreement or any provision thereof was unconscionable when made, the hearing officer or court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any […]
§ 33-1412 – Notice
33-1412. Notice A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person " knows" or " has […]
§ 33-1413 – Terms and conditions of rental agreement
33-1413. Terms and conditions of rental agreement A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant. The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to […]
§ 33-1413.01 – Utility charges; waste, garbage and rubbish removal charges
33-1413.01. Utility charges; waste, garbage and rubbish removal charges A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and […]
§ 33-1413.02 – Guest fee
33-1413.02. Guest fee The rental agreement may provide that the landlord may charge a guest fee.
§ 33-1413.03 – Care givers
33-1413.03. Care givers Pursuant to state and federal fair housing laws, a resident who has a disability as defined in section 41-1491 may have one or more persons occupy the resident’s mobile home to provide necessary live-in health care, personal care or supportive services if the care or services are necessary to afford the resident […]
§ 33-1414 – Prohibited provisions in rental agreements; late payment penalty
33-1414. Prohibited provisions in rental agreements; late payment penalty A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or to forgo rights or remedies under this chapter. 2. Pay the landlord’s attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party […]