Unless the context clearly requires otherwise, in this chapter, the following definitions apply:
- (1) "Abandon" means to give up possession of the premises unless the landlord does not accept abandonment or surrender as provided in 70-33-426 or unless the rental agreement has been terminated as provided by law.
- (2) "Action" includes recoupment, counterclaim, setoff suit in equity, and any other proceeding in which rights are determined, including an action for possession.
- (3) "Actual and reasonable cost" means the actual amount of expenses and labor incurred or expended and the reasonable amount of expenses and labor estimated to be incurred or expended.
- (4) "Case of emergency" means an extraordinary occurrence beyond the tenant's control requiring immediate action to protect the premises or the tenant. A case of emergency may include the interruption of essential services, including electricity, gas, running water, and sewer and septic system service, or life-threatening events in which the tenant or landlord has reasonable apprehension of immediate danger to the tenant or others.
- (5) "Court" means the appropriate district court, small claims court, justice's court, or city court.
- (6) "Good faith" means honesty in fact in the conduct of the transaction concerned.
(7) "Landlord" means:
(a) the owner of:
- (i) space or land, including a lot, that is rented to a tenant for a mobile home; or
- (ii) a mobile home park;
- (b) a person who has written authorization from the owner to act as the owner's agent or assignee for purposes related to the premises or the rental agreement;
- (c) a manager of the premises who fails to disclose the managerial position; or
- (d) a lessor who has written authorization from the owner of the premises to sublease the premises.
- (8) "Lot" means the space or land rented and not a mobile home itself.
- (9) "Mobile home" has the same meaning as provided in 15-1-101 and includes manufactured homes as defined in 15-1-101.
- (10) "Mobile home owner" means the owner of a mobile home entitled under a rental agreement to occupy a lot.
- (11) "Mobile home park" means a trailer court as defined in 50-52-101.
- (12) "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.
- (13) "Person" includes an individual or organization.
- (14) "Premises" means a lot and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.
- (15) "Rent" means all payments to be made to a landlord, including rent, late fees, or other charges as agreed on in the rental agreement, except money paid as a security deposit.
- (16) "Rental agreement" means all agreements, written or oral, and valid rules adopted under 70-33-311 embodying the terms and conditions concerning the use and occupancy of the premises.
(17) "Rent payment type" means all forms of payment types, including:
- (a) cash;
- (b) check;
- (c) electronic; or
- (d) other forms agreed on in the rental agreement that must comply with 70-24-203.
(18) "Tenant" means:
- (a) a person entitled under a rental agreement to occupy a lot to the exclusion of others; or
- (b) a person who, with the written approval of the landlord and pursuant to the rental agreement, has a sublease agreement with the person who is entitled to occupy the dwelling unit under the rental agreement.
(19) "Unauthorized person or trespasser" means a person who:
- (a) enters or remains after being asked to leave by the landlord and does not receive written permission by the landlord to remain on the premises;
- (b) is in violation of 45-6-201;
- (c) is in violation of 45-6-203; or
- (d) is in violation of 70-27-102.
History: En. Sec. 9, Ch. 267, L. 2007; amd. Sec. 3, Ch. 454, L. 2015; amd. Sec. 10, Ch. 536, L. 2021; amd. Sec. 3, Ch. 768, L. 2025.