57-22-5.1 - Crime victim's right to new locks -- Domestic violence victim's right to terminate rental agreement.
57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right toterminate rental agreement.
(1) As used in this section, "crime victim" means a victim of:
(a) domestic violence, as defined in Section 77-36-1;
(b) stalking as defined in Section 76-5-106.5;
(c) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
(d) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or
(e) dating violence, consisting of verbal, emotional, psychological, physical, or sexualabuse of one person by another in a dating relationship.
(2) An acceptable form of documentation of an act listed in Subsection (1) is:
(a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part 1,Cohabitant Abuse Act, subsequent to a hearing of which the petitioner and respondent have beengiven notice under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; or
(b) a copy of a police report documenting an act listed in Subsection (1).
(3) (a) A renter who is a crime victim may require the renter's owner to install a new lockto the renter's residential rental unit if the renter:
(i) provides the owner with an acceptable form of documentation of an act listed inSubsection (1); and
(ii) pays for the cost of installing the new lock.
(b) An owner may comply with Subsection (3)(a) by:
(i) rekeying the lock if the lock is in good working condition; or
(ii) changing the entire locking mechanism with a locking mechanism of equal or greaterquality than the lock being replaced.
(c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of thekey that opens the new lock.
(d) Notwithstanding any rental agreement, an owner who installs a new lock underSubsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to theperpetrator of the act listed in Subsection (1).
(e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the keyunder Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit by aprotective order but is a renter on the rental agreement, the perpetrator may file a petition with acourt of competent jurisdiction within 30 days to:
(i) establish whether the perpetrator should be given a key and allowed access to theresidential rental unit; or
(ii) whether the perpetrator should be relieved of further liability under the rentalagreement because of the owner's exclusion of the perpetrator from the residential rental unit.
(f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of furtherliability under the rental agreement if the perpetrator is found by the court to have committed theact upon which the landlord's exclusion of the perpetrator is based.
(4) A renter who is a victim of domestic violence, as defined in Section 77-36-1, mayterminate a rental agreement if the renter:
(a) is in compliance with:
(i) all provisions of Section 57-22-5; and
(ii) all obligations under the rental agreement;
(b) provides the owner:
(i) written notice of termination; and
(ii) a protective order protecting the renter from a domestic violence perpetrator; and
(c) no later than the date that the renter provides a notice of termination under Subsection(4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on the date thatthe renter provides the notice of termination.
Amended by Chapter 352, 2010 General Session