Section 119 – Application to existing relationships.
57-26-119. Application to existing relationships. (1) Except as otherwise provided in this section, this chapter governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before May 12, 2009. (2) This chapter does not affect […]
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 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 […]
Section 112 – Application of proceeds.
57-26-112. Application of proceeds. Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under Subsection 57-26-114(4) shall apply the sums collected in the following order to: (1) the assignee’s reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement […]
Section 113 – Application of proceeds to expenses of protecting real property — Claims and defenses of tenant.
57-26-113. Application of proceeds to expenses of protecting real property — Claims and defenses of tenant. (1) Unless otherwise agreed by the assignee, and subject to Subsection (3), an assignee that collects rents following enforcement under Section 57-26-108 or 57-26-109 need not apply them to the payment of expenses of protecting or maintaining the real […]