§ 18-17-706 — Payment of rent into court

In any action in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the rental agreement: (1) (A) (i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenant to vacate or show cause as rent becomes due. (ii) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check. (B) Rent shall not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her permission or who is allowed access to the premises by the tenant; (2) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order, provided that in lieu of the payment the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord; (3) (A) Should the tenant not appear and show cause within ten (10) days, the court shall issue a writ of possession under this subchapter. (B) (i) Should the tenant appear in response to the order and allege that rent due under subdivision (1) or (2) of this section has been paid, the court shall determine the issue. (ii) If the tenant has failed to comply with subdivision (1) or (2) of this section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff; and (4) (A) If the amount of rent due is found at final adjudication to be less than alleged by the landlord, judgment shall be entered for the amount found due to the landlord. (B) If the court finds at final adjudication that no rent is due and no damages are due the landlord, judgment shall be entered for the tenant.

Legislative History

Acts 2007, No. 1004, § 1; 2009, No. 311, § 1; 2009, No. 482, § 7.