Part 3. Rights and Duties of Parties
70-33-301. Duty to disclose name of person responsible.
70-33-302. Landlord to deliver possession of premises.
70-33-303. Landlord to maintain premises — agreement that tenant perform duties.
70-33-304. Transfer of premises or termination of management — relief from liability.
70-33-305. Transfer of premises by tenant.
70-33-311. Landlord authorized to adopt rules.
70-33-312. Access to premises by landlord.
70-33-313. Lot rules.
70-33-314. Resident associations — meetings.
70-33-315. Road maintenance obligations.
70-33-321. Tenant to maintain lot.
70-33-322. Notice of extended absence.
70-33-301. Duty to disclose name of person responsible. (1) A landlord or a person authorized to enter into a rental agreement on a landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) the person authorized to manage the premises; and
(b) the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands.
(2) The information required to be furnished by this section must be kept current and in writing, and this section is enforceable against any successor landlord, owner, or manager.
(3) A person, other than the landlord, who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:
(a) service of process and receiving notices and demands; and
(b) performing the obligations of the landlord under this chapter and under the rental agreement and for expending or making available for the purpose of performing those obligations all rent collected from the premises.
History: En. Sec. 17, Ch. 267, L. 2007. Go to Top
70-33-302. Landlord to deliver possession of premises. (1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303. A landlord may bring an action for possession against a person wrongfully in possession.
(2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.
History: En. Sec. 18, Ch. 267, L. 2007. Go to Top
70-33-303. Landlord to maintain premises — agreement that tenant perform duties. (1) A landlord shall:
(a) comply with the requirements of applicable building and housing codes materially affecting health and safety;
(b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
(c) keep all common areas of the premises in a clean and safe condition;
(d) for the premises, maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
(e) unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the lot and arrange for their removal; and
(f) supply running water at all times unless the lot is not required by law to be equipped for that purpose or the running water is generated by an installation within the exclusive control of the tenant.
(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(f), a landlord’s duty must be determined by reference to subsection (1)(a).
(3) A landlord and tenant may agree in writing that the tenant is to perform the landlord’s duties specified in subsections (1)(e) and (1)(f) but only if the agreement is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;
(b) the work is not necessary to cure noncompliance with subsection (1)(a); and
(c) the agreement does not diminish the obligation of the landlord to other tenants.
History: En. Sec. 19, Ch. 267, L. 2007. Go to Top
70-33-304. Transfer of premises or termination of management — relief from liability. (1) Unless otherwise agreed, a landlord who conveys premises subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. The landlord remains liable to the tenant for all security recoverable by the tenant pursuant to Title 70, chapter 25, and all prepaid rent.
(2) Unless otherwise agreed, a manager of premises subject to a rental agreement is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of the manager’s management duties.
History: En. Sec. 20, Ch. 267, L. 2007. Go to Top
70-33-305. Transfer of premises by tenant. (1) A tenant who vacates a lot during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord’s agent has consented in writing.
(2) The sale or rental of a mobile home located upon a lot does not entitle the purchaser or renter to retain rental of the lot unless the purchaser or renter enters into a rental agreement with the owner of the lot.
(3) A mobile home owner who owns the mobile home but rents the lot has the exclusive right to sell the mobile home without interference or conditions by the landlord. The new purchaser shall make suitable arrangements with the landlord in order to become a tenant on the mobile home lot. The purchase of the mobile home does not automatically entitle the purchaser to rent the mobile home lot.
History: En. Sec. 21, Ch. 267, L. 2007. Go to Top
70-33-311. Landlord authorized to adopt rules. (1) A landlord may adopt a rule concerning the tenant’s use and occupancy of the premises. A rule is enforceable against the tenant only if:
(a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(b) it is reasonably related to the purpose for which it is adopted;
(c) it applies to all occupants in the premises in a fair manner;
(d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant shall or may not do to comply;
(e) it is not for the purpose of evading the obligations of the landlord; and
(f) the tenant has notice of the rule at the time that the tenant enters into the rental agreement or when the rule is adopted.
(2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival.
(3) If a rule is adopted after a tenant enters into a rental agreement that involves a substantial modification of the rental agreement, it is not valid until after 30 days’ written notice in the case of month-to-month tenancies.
History: En. Sec. 22, Ch. 267, L. 2007. Go to Top
70-33-312. Access to premises by landlord. (1) A tenant may not unreasonably withhold consent to the landlord or the landlord’s agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) A landlord may enter the lot without consent of the tenant in case of emergency.
(3) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours’ notice of the intent to enter and may enter only at reasonable times.
(4) A landlord has no other right of access except:
(a) pursuant to a court order;
(b) as permitted by 70-33-425 and 70-33-426(1)(b); or
(c) when the tenant has abandoned or surrendered the premises.
(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
History: En. Sec. 23, Ch. 267, L. 2007. Go to Top
70-33-313. Lot rules. (1) A landlord may adopt a rule concerning the rental occupancy of a lot and the use of common areas and facilities in accordance with 70-33-311. A rule may not be unreasonable, and a rule that does not apply uniformly to all tenants of a similar class creates a rebuttable presumption, as defined in 70-33-431(3), that the rule is unfair.
(2) Each common area facility must be open or available to residents at all reasonable hours, and the hours of a common recreational facility must be posted at the facility.
History: En. Sec. 24, Ch. 267, L. 2007. Go to Top
70-33-314. Resident associations — meetings. (1) The membership of a resident association may elect officers of the association at a meeting at which a majority of the members are present. All residents may attend meetings, but the landlord and the landlord’s employees may not be members and may not attend meetings unless specifically invited by the tenants’ resident association. The landlord may not interfere with or prevent the attendance of an invitee at a resident association’s meeting.
(2) The landlord may not prohibit meetings by a resident association or tenants relating to:
(a) mobile home living; or
(b) the future plans for the mobile home park, including sale or change of use.
History: En. Sec. 25, Ch. 267, L. 2007; amd. Sec. 1, Ch. 211, L. 2009. Go to Top
70-33-315. Road maintenance obligations. In addition to the obligations imposed by 70-33-303, the mobile home park landlord shall maintain common roads within the mobile home park in a safe condition, including arranging for snow plowing as is reasonable to keep the roads passable.
History: En. Sec. 26, Ch. 267, L. 2007. Go to Top
70-33-321. Tenant to maintain lot. (1) A tenant shall:
(a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits;
(c) dispose of all ashes, garbage, rubbish, and other waste from the lot in a clean and safe manner;
(d) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;
(e) conduct oneself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb the tenant’s neighbors’ peaceful enjoyment of the premises; and
(f) use the parts of the premises in a reasonable manner considering the purposes for which they were designed and intended.
(2) This section does not preclude the right of the tenant to operate a limited business or cottage industry on the premises, subject to state and local laws, if the landlord has consented in writing. The landlord may not unreasonably withhold consent if the limited business or cottage industry is operated within reasonable rules of the landlord.
(3) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.
(4) A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured by any of the following:
(a) criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110;
(b) operation of an unlawful clandestine laboratory, as prohibited by 45-9-132; or
(c) gang-related activities, as prohibited by Title 45, chapter 8, part 4.
History: En. Sec. 27, Ch. 267, L. 2007. Go to Top
70-33-322. Notice of extended absence. The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days not later than the first day of the extended absence.
History: En. Sec. 28, Ch. 267, L. 2007. Go to Top