Section 201 – Disclosure of contaminated property required.
57-27-201. Disclosure of contaminated property required. (1) Subject to Section 57-1-37, if an owner or lessor of real property has actual knowledge that the property is currently contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor shall, in a real property lease, conveyance, or other transaction related to the contaminated property, […]
Section 202 – Real estate professional not liable.
57-27-202. Real estate professional not liable. A real estate professional is not liable for an owner or lessor of real property making, or failing to make, a disclosure required by Section 57-27-201, unless the real estate professional is also the owner or lessor of the real property. Enacted by Chapter 194, 2009 General Session
Section 203 – Decontamination of real property.
57-27-203. Decontamination of real property. (1) A government subdivision or agency may charge an owner or lessor a fee, in accordance with the provisions of Section 63J-1-504, for: (a) a permit issued by the subdivision or agency to decontaminate a property; (b) the subdivision or agency to determine whether or not the property has been […]
Section 116 – Priority subject to subordination.
57-26-116. Priority subject to subordination. This chapter does not preclude subordination by agreement as to rents or proceeds. Enacted by Chapter 139, 2009 General Session
Section 106 – Enforcement of security interest in rents.
57-26-106. Enforcement of security interest in rents. (1) An assignee may enforce an assignment of rents using one or more of the methods specified in Sections 57-26-107, 57-26-108, and 57-26-109 or any other method sufficient to enforce the assignment under law of this state other than this chapter. (2) From the date of enforcement, the […]
Section 107 – Enforcement by appointment of receiver.
57-26-107. Enforcement by appointment of receiver. (1) An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if: (a) the assignor is in default and: (i) the assignor has agreed in a signed document to the appointment of a receiver in the event of the […]
Section 108 – Enforcement by notification to assignor.
57-26-108. Enforcement by notification to assignor. (1) Upon the assignor’s default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect under Section 57-26-106. The assignee shall also give a copy of […]
Section 109 – Enforcement by notification to tenant.
57-26-109. Enforcement by notification to tenant. (1) Upon the assignor’s default, or as otherwise agreed by the assignor, the assignee may give to a tenant of the real property a notification demanding that the tenant pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue. The assignee shall give a […]
Section 110 – Notification to tenant — Form.
57-26-110. Notification to tenant — Form. No particular phrasing is required for the notification specified in Section 57-26-109. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of Section 57-26-109: NOTIFICATION TO PAY RENTS TO PERSON OTHER THAN LANDLORD Tenant: _______________________________________________________________ Name of Tenant Property Occupied by Tenant (the […]
Section 111 – Effect of enforcement.
57-26-111. Effect of enforcement. The enforcement of an assignment of rents by one or more of the methods identified in Sections 57-26-107, 57-26-108, and 57-26-109, the application of proceeds by the assignee under Section 57-26-112 after enforcement, the payment of expenses under Section 57-26-113, or an action under Subsection 57-26-114(4) does not: (1) make the […]