- (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 rental value for the use and occupancy of the lot as determined by the landlord;
- (b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord;
- (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;
- (e) the tenancy is from month to month; and
- (f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-33-426(2) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires.
- (3) Rent is payable without demand or notice at the time and place agreed upon by the parties or as provided by subsection (2).
- (4) A landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment.
History: En. Sec. 14, Ch. 267, L. 2007; amd. Sec. 3, Ch. 155, L. 2017; amd. Sec. 11, Ch. 536, L. 2021; amd. Sec. 4, Ch. 768, L. 2025.