Part 2. Rental Agreements
70-33-201. Rental agreements. (1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law.
(2) Unless the rental agreement provides otherwise:
(a) the tenant shall pay as rent the fair rental value for the use and occupancy of the lot as determined by the landlord;
(b) rent is payable at the landlord’s address;
(c) periodic rent is payable at the beginning of a term that is a month or less and otherwise in equal monthly installments at the beginning of each month;
(d) rent is uniformly apportionable from day to day; and
(e) the tenancy is from month to month.
(3) Rent is payable without demand or notice at the time and place agreed upon by the parties or as provided by subsection (2).
History: En. Sec. 14, Ch. 267, L. 2007.
70-33-202. Prohibited provisions in rental agreements. (1) A rental agreement may not require a party to:
(a) waive or forego rights or remedies under this chapter;
(b) authorize any person to confess judgment on a claim arising out of the rental agreement; or
(c) agree to the exculpation or limitation of liability resulting from the other party’s purposeful misconduct or negligence or to indemnify the other party for that liability or related costs or attorney fees.
(2) A rental agreement or a related document may not permit the receipt of rent free of the obligation to comply with the provisions of 70-33-303.
History: En. Sec. 15, Ch. 267, L. 2007.
70-33-203. Effect of unsigned or undelivered rental agreement. (1) If the landlord does not sign and deliver a written rental agreement signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.
(2) If the tenant does not sign and deliver a written rental agreement signed and delivered to the tenant by the landlord, acceptance of possession of the premises and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.
(3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.
History: En. Sec. 16, Ch. 267, L. 2007.