(1) A person
has committed an unlawful detention of real property in the following cases:
(a) When entry is made, without right or title, into any vacant or unoccupied
lands or tenements;
(b) When entry is made, wrongfully, into any public lands, tenements, mining
claims, or other possessions which are claimed or held by a person who may have
located, entered, or settled upon the same in conformity with the laws, rules, and
regulations of the United States, or of this state, in relation thereto;
(c) When any lessee or tenant at will, or at sufferance, or for any period of
time, of any nonresidential real property or residential premises described in
section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), including a specific or undivided
portion of a building, holds over and continues in possession of the nonresidential
real property or residential premises described in section 38-12-1302 (1)(a), (1)(b),
(1)(d), (1)(e), or (1)(f), or any portion thereof, after the expiration of the term for which
the nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) was leased or after the tenancy has been
terminated by either party;
(d) When such tenant or lessee holds over without permission of the tenant's
or lessee's landlord after any default in the payment of rent pursuant to the
agreement under which the tenant or lessee holds, and, ten days' notice in writing
has been duly served upon the tenant or lessee holding over, requiring in the
alternative the payment of the rent or the possession of the premises; except that,
for a nonresidential agreement or an employer-provided housing agreement, three
days' notice is required pursuant to this section, and for an exempt residential
agreement, five days' notice is required pursuant to this section. No such
agreement shall contain a waiver by the tenant of the notice requirement of this
subsection (1)(d). It is not necessary, in order to work a forfeiture of such agreement
for nonpayment of rent, to make a demand for such rent on the day on which the
same becomes due; but a failure to pay such rent upon demand, when made, works
a forfeiture.
(d.5) When such tenant or lessee holds over, without the permission of the
landlord, contrary to any condition or covenant the violation of which is defined as a
substantial violation in section 13-40-107.5, and notice in writing has been duly
served upon such tenant or lessee in accordance with section 13-40-107.5;
(e) When a tenant or lessee holds over without permission, contrary to any
material condition or covenant of the agreement under which the tenant or lessee
holds, and ten days' notice in writing has been duly served upon the tenant or
lessee requiring either compliance with the condition or covenant or the delivery of
the possession of the premises; except that, for a nonresidential agreement or an
employer-provided housing agreement, three days' notice is required, and for an
exempt residential agreement, five days' notice is required;
(e.5) (I) When a tenant or lessee has previously been served with the notice
described in paragraph (e) of this subsection (1) requiring compliance with a
condition or covenant of the agreement, and subsequent to that notice holds over,
without permission of the tenant or lessee's landlord, contrary to the same
condition or covenant.
(II) A tenancy pursuant to a residential agreement may be terminated at any
time pursuant to this subsection (1)(e.5) on the basis of a subsequent violation of the
same condition or covenant of the agreement. The termination of a residential
tenancy is effective ten days after service of written notice to terminate tenancy.
Notwithstanding any other provision of this subsection (1)(e.5)(II), a tenancy
pursuant to a nonresidential agreement, an exempt residential agreement, or an
employer-provided housing agreement may be terminated at any time pursuant to
this subsection (1)(e.5) on the basis of a subsequent violation. The termination of a
nonresidential tenancy or an employer-provided housing tenancy is effective three
days after service of written notice to terminate tenancy, and the termination of a
tenancy pursuant to an exempt residential agreement is effective five days after
service of written notice to terminate tenancy.
(e.8) When a tenant holds over and maintains possession of a residential
premises after the landlord has properly initiated a no-fault eviction by satisfying
the notice requirements and other requirements associated with the no-fault
eviction, as described in section 38-12-1303 (3);
(f) When the property has been duly sold under any power of sale, contained
in any mortgage or trust deed that was executed by such person, or any person
under whom such person claims by title subsequent to date of the recording of
such mortgage or trust deed, and the title under such sale has been duly perfected
and the purchaser at such sale, or his or her assigns, has duly demanded the
possession thereof;
(g) When the property has been duly sold under the judgment or decree of
any court of competent jurisdiction and the party or privies to such judgment or
decree, after the expiration of the time of redemption when redemption is allowed
by law, refuse or neglect to surrender possession thereof after demand therefor
has been duly made by the purchaser at such sale, or his or her assigns;
(h) When an heir or devisee continues in possession of any premises sold and
conveyed by any personal representative with authority to sell, after demand
therefor is duly made;
(i) When a vendee having obtained possession under an agreement to
purchase lands or tenements, and having failed to comply with his agreement,
withholds possession thereof from his vendor, or assigns, after demand therefor is
duly made.
(j) (I) When a tenant or lessee holds over without permission of the landlord
after the tenant or lessee has engaged in conduct that is disturbing others or
causing a nuisance, which conduct interferes with the quiet enjoyment of the
landlord, if the landlord lives in the same or an immediately adjacent property, or of
others who reside in an immediately adjacent property, or of other tenants or
occupants of the same property, or the tenant or lessee by reason of negligence
damaged the housing accommodation, and ten days' notice in writing has been duly
served upon the tenant or lessee, which notice contains a description of the specific
conduct that disturbed others or caused a nuisance, requiring in the alternative
cessation of the conduct that is disturbing others or causing a nuisance that
interferes with the quiet enjoyment of the landlord, if the landlord lives in the same
or immediately adjacent property, or other tenants or occupants of the same
property, or maliciously or by reason of negligence damaged the housing
accommodation or possession of the premises so held; except that, for a
nonresidential agreement or an employer-provided housing agreement, three days'
notice is required pursuant to this subsection (1)(j), and for an exempt residential
agreement, five days' notice is required pursuant to this section.
(II) The lawful exercise by a tenant of any rights pursuant to any law or rule
relating to occupancy of a property, including this subsection (1)(j), shall not be
deemed to interfere with the quiet enjoyment of the landlord or other tenants or
other ground for eviction pursuant to this subsection (1)(j).
(III) Repealed.
(2) and (3) Repealed.
(4) (a) It is not an unlawful detention of real property as described in
subsection (1)(d), (1)(d.5), (1)(e), (1)(e.5), or (1)(j) of this section if the tenant or lessee
is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or
domestic abuse, which unlawful sexual behavior, stalking, domestic violence, or
domestic abuse was the cause of, contributed to, or resulted in the alleged
unlawful detention and which unlawful sexual behavior, stalking, domestic violence,
or domestic abuse has been documented by at least one of the following:
(I) A police report;
(II) A valid civil, criminal, or emergency protection order or restraining order
issued pursuant to article 14 or article 14.5 of this title 13 or section 18-1-1001;
(III) A self-attestation affidavit that states the tenant is a victim-survivor of
unlawful sexual behavior, stalking, domestic violence, or domestic abuse and that
the incident of unlawful sexual behavior, stalking, domestic violence, or domestic
abuse is the cause of, contributed to, or resulted in the alleged unlawful detention
of real property described in subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this
section. The self-attestation affidavit must include the name of the party who is
allegedly responsible for the unlawful sexual behavior, stalking, domestic violence,
or domestic abuse, if the name of the party is known and if the tenant determines it
is safe to provide.
(IV) (A) A letter signed by a qualified third party, including, but not limited to,
an employee, agent, or volunteer of a victim-survivor service provider, an attorney, a
social worker, a medical professional, a faith leader, or a mental health provider, as
defined in section 38-12-401, from whom a tenant has sought assistance relating to
unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The letter
must state that the qualified third party believes that the incident of unlawful
sexual behavior, stalking, domestic violence, or domestic abuse occurred and is the
cause of, contributed to, or resulted in the alleged unlawful detention described in
subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section.
(B) If a landlord receives documentation pursuant to this subsection (4)(a)
that contains conflicting information, the landlord may require a tenant to submit a
letter signed by a qualified third party pursuant to subsection (4)(a)(IV)(A) of this
section.
(b) A person is not guilty of an unlawful detention of real property pursuant
to subsection (4)(a) of this section, including for nonpayment of rent, if the tenant
agrees to and remains compliant with the requirements described in subsection
(4)(e) of this section and if the alleged violation of the rental or lease agreement
was caused by or resulted from unlawful sexual behavior, stalking, domestic
violence, or domestic abuse against the tenant or lessee.
(c) A rental, lease, or other agreement must not contain a waiver of the
protections provided in this subsection (4).
(d) This subsection (4) does not prevent the landlord from seeking judgment
for possession against the tenant or lessee of the premises who is responsible for
the unlawful sexual behavior, stalking, domestic violence, or domestic abuse that
was the cause of, contributed to, or resulted in the alleged unlawful detention of
real property.
(e) (I) (A) If the tenant has been alleged to have committed unlawful
detention of real property due to nonpayment or late payment of rent and the
tenant has provided documentation pursuant to subsection (4)(a) of this section
that the tenant is a victim-survivor, the landlord shall offer the tenant a repayment
plan no later than three business days after serving a demand for unpaid rent or no
later than three business days after receiving the documentation described in
subsection (4)(a) of this section, whichever is later. Within seven days after receipt
of the repayment plan offered by the landlord, the tenant shall accept the
landlord's repayment plan or propose an alternative repayment plan that conforms
with the requirements of this subsection (4)(e). If the tenant accepts the repayment
plan and either party notifies the court by motion, the court must vacate any
previous order of judgment. If either party notifies a court that the parties have
agreed upon a repayment plan, the court shall not enter an order of judgment for
possession or for monetary damages during the pendency of a repayment plan,
except as provided in subsection (4)(e)(I)(B) of this section. A landlord's failure to
offer a repayment plan pursuant to this subsection (4)(e)(I)(A) is an affirmative
defense to an action for unlawful detainer. A tenant's failure to accept the
landlord's repayment plan or failure to propose an alternative repayment plan
within seven days after receipt of the landlord's repayment plan is a waiver of the
affirmative defense. The repayment plan must be structured at the tenant's
discretion and must include, at a minimum, a requirement that the tenant pay the
full repayment of all lawfully owed rent and make payments on a monthly basis,
and the repayment plan must include the amount that must be paid on a monthly
basis, which must be at least twenty-five dollars per month. The repayment plan
must not exceed nine months from the date the plan is established.
(B) The tenant shall make payments according to the repayment plan
schedule. Any payment made more than ten days after the date agreed upon for
each payment installment is untimely. If a tenant fails to make a payment or makes
three or more untimely payments, the landlord may serve, no sooner than seven
days after the payment is untimely or is not made, the tenant with a notice of
default demanding payment of all rent that remains lawfully owed. A payment that
is not made before the next monthly payment is due constitutes a failure to make a
payment. If the tenant fails to make the payment of all remaining rent within seven
days, the landlord may file a motion for judgment for possession. In an action for
judgment for possession, the tenant may assert any available defenses for
nonpayment of rent that may be applicable.
(C) A landlord shall not charge a tenant any fees, interest, or penalties
associated with a repayment plan.
(II) If a tenant has satisfied the documentation requirements described in
subsection (4)(a) of this section and the tenant relinquishes possession of the
property, the tenant is entitled to repay any lawfully owed rent and is entitled to
any other protections available pursuant to subsection (4)(e)(I) of this section, and
the landlord shall not pursue a claim for monetary damages unless the tenant has
failed to comply with the terms of the repayment plan.
(5) As used in this section, unless the context otherwise requires:
(a) Domestic abuse has the same meaning as set forth in section 38-12-401.
(b) Domestic violence has the same meaning as set forth in section 38-12-401.
(c) Employer-provided housing agreement means a residential tenancy
agreement between an employee and an employer when the employer or an
affiliate of the employer acts as a landlord.
(d) Exempt residential agreement means a residential agreement leasing a
single family home by a landlord who owns five or fewer single family rental homes
and who provides notice in the agreement that a ten-day notice period required
pursuant to this section does not apply to the tenancy entered into pursuant to the
agreement.
(e) Stalking has the same meaning as set forth in section 38-12-401.
(f) Unlawful sexual behavior has the same meaning as set forth in section
38-12-401.
(g) Victim-survivor has the same meaning as set forth in section 38-12-401.
(6) (a) If the provisions of House Bill 25-1168 enacted in 2025 require the
judicial department to make changes to any forms, the judicial department shall
complete the changes to forms and have the new forms available no later than
August 6, 2025.
(b) This subsection (6) is repealed, effective July 1, 2026.