§ 28-3-1404 — Actions for rent or possession by landlord

(1) (a) Except as
otherwise provided in paragraph (b) of this subsection (1), an eviction, distress
action, or requirement for deposit of accrued rent, as provided for in law, may not
proceed against any person described in section 28-3-1402 during the period of
service or duty and for thirty days thereafter if:

(I) The person, within thirty days after being called to said service or duty,
has given written notice to the affected landlord with regard to any premises; and

(II) The rental unit is occupied chiefly as a residential dwelling by the person,
the person's spouse, or a dependent of the person.

(b) A court of competent jurisdiction may allow an action described in
paragraph (a) of this subsection (1) to proceed based upon a finding of no
substantive prejudice to the person as a result of the service or duty.

(2) The court may, on its own motion, stay the proceedings described in
paragraph (a) of subsection (1) of this section for the duration of the period of
service or duty and for thirty days thereafter or otherwise dispose of the case as
may be equitable to conserve the interests of all parties. The court shall stay the
proceedings upon the application of a person, or an agent of the person, engaged in
state military service or state defense force active duty unless, in the opinion of the
court, the ability of the person to pay the agreed upon rent has not been materially
affected by reason of the service or duty.

Legislative History

Source: L. 2002: Entire part added, p. 691, � 1, effective July 1. L. 2003: (2) amended, p. 2000, � 58, effective May 22.