70-33-427. Landlord’s remedies after termination — action for possession
70-33-427. Landlord’s remedies after termination — action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for any breach of the rental agreement. (2) (a) An action filed pursuant to subsection (1) in a court must be heard within 20 days […]
70-33-428. Landlord’s recovery of possession limited
70-33-428. Landlord’s recovery of possession limited. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other […]
70-33-429. Holdover remedies — consent to continued occupancy
70-33-429. Holdover remedies — consent to continued occupancy. (1) If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. If the tenant’s holdover is purposeful and not in good faith, the landlord […]
70-33-430. Disposition of abandoned personal property
70-33-430. Disposition of abandoned personal property. (1) (a) If a tenancy terminates by court order, the personal property is considered abandoned and the landlord may immediately dispose of the personal property as allowed by law. (b) If a tenancy terminates in any manner other than by court order, if the landlord reasonably believes that the tenant has […]
70-33-431. Retaliatory conduct by landlord prohibited
70-33-431. Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant: (a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency […]
70-33-432. Disposition of abandoned mobile home
70-33-432. Disposition of abandoned mobile home. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been […]
70-33-433. Grounds for termination of rental agreement
70-33-433. Grounds for termination of rental agreement. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of 70-33-321, the landlord may deliver a written notice to the tenant pursuant to 70-33-106 specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon […]
70-33-434. Attorney fees — costs
70-33-434. Attorney fees — costs. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary. History: En. Sec. 51, Ch. 267, L. 2007.
70-33-426. Remedies for absence or abandonment
70-33-426. Remedies for absence or abandonment. (1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-33-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant. (b) During an absence of the […]
70-33-406. Landlord’s failure to provide essential services — tenant’s remedies
70-33-406. Landlord’s failure to provide essential services — tenant’s remedies. (1) If contrary to the rental agreement or 70-33-303 the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may: (a) procure reasonable amounts of running water, electricity, […]