33-1902

33-1902. Residential rental property;
recording with the assessor; agent designation; civil penalty;
fee

A. An owner of residential rental property shall maintain with the assessor in the
county where the property is located information required by this section in a manner to
be determined by the assessor. The owner shall update any information required by this
section within ten days after a change in the information occurs. The following
information shall be maintained:

1. The name, address and telephone number of the property owner.

2. If the property is owned by a corporation, limited liability company,
partnership, limited partnership, trust or real estate investment trust, the name,
address and telephone number of any of the following:

(a) For a corporation, a corporate officer.

(b) For a partnership, a general partner.

(d) For a limited partnership, a general partner.

(e) For a trust, a trustee.

(f) For a real estate investment trust, a general partner or an officer.

3. The street address and parcel number of the property.

4. The year the building was built.

B. An owner of residential rental property who lives outside this state shall
designate and record with the assessor a statutory agent who lives in this state and who
will accept legal service on behalf of the owner. The owner shall designate the agent in
a manner to be determined by the assessor. The information shall include the name,
address and telephone number of the agent.

C. Residential rental property shall not be occupied if the information required by
this section is not on file with the county assessor. If the owner has not filed the
information required by this section with the county assessor and the residential rental
property is occupied by a tenant and the tenant chooses to terminate the tenancy, the
tenant shall deliver to the landlord, owner or managing agent of the property a written
ten day notice to comply with this section. The notice shall be delivered by certified
mail, return receipt requested, or by hand delivery. If the owner does not comply with
this section within ten days after receipt of the notice, the tenant may terminate the
rental agreement and the landlord shall return all prepaid rent to the tenant. Security
deposits shall be returned in accordance with section 33-1321, subsection D. The
landlord shall return those monies by certified mail, return receipt requested, or by
hand delivery to the tenant within ten days after the termination of the rental
agreement. This subsection applies to any existing lease and to any new lease after
August 25, 2004. Notwithstanding this subsection, an owner is in compliance with this
subsection only if the owner had filed the information required by subsection A of this
section with the county assessor.

D. All records, files and documents that are required by this section are public
records.

E. For residential rental property that is acquired by an owner after the date of
the notice of assessed valuation and the notice prescribed by section 42-15103 and until
the issuance of the next notice of assessed valuation, a city or town shall assess a
civil penalty of one thousand dollars against a person who fails to comply with this
section, plus an additional one hundred dollars for each month after the date of the
original violation until compliance occurs. The court shall not suspend any portion of
the civil penalty provided by this subsection.

F. Notwithstanding subsection E of this section, if a person complies within ten
days after receiving the complaint that notices the violation, the court shall dismiss
the complaint and shall not impose a civil penalty.

G. Except for newly acquired residential rental property as prescribed by
subsection E of this section, if a residential rental property owner fails to register
with the county assessor as prescribed by this section, the city or town may impose a
civil penalty in the amount of one hundred fifty dollars per day for each day of
violation after the date of the most recent notice of assessed valuation and the notice
prescribed by section 42-15103. If a person complies within ten days after receiving the
notice from the county assessor, the court shall dismiss the complaint and shall not
impose a civil penalty.

H. In carrying out this section, the county assessor shall have immunity as
provided in section 12-820.01.

I. The county assessor may assess a fee of not more than ten dollars for each
initial registration and each change of information in the registry.

J. On request from a city or town the county assessor shall provide the most
current list of all registered rental property owners within the city's or town's
boundaries.