76-10-1207 - Use of real property by tenant or occupant -- Voiding of lease -- Allowance of such use by owner or lessor.
76-10-1207. Use of real property by tenant or occupant -- Voiding of lease --Allowance of such use by owner or lessor.
(1) If a tenant or occupant of real property uses this property for an activity for which heor his employee is convicted under any provision of this part, the conviction makes void the leaseor other title under which he holds at the option of the fee owner or any intermediate lessor; and10 days after the fee owner or any intermediate lessor gives notice in writing to the tenant oroccupant that he is exercising the option, the right of possession to the property reverts in theperson exercising the option. This option does not arise until all avenues of direct appeal from theconviction have been exhausted or abandoned by the tenant or occupant, or his employee.
(2) It shall be unlawful for a fee owner or intermediate lessor of real property toknowingly allow this property to be used for the purpose of distributing or exhibitingpornographic materials, or for pornographic performances, by a tenant or occupant if the tenant oroccupant, or his employee, has been convicted under any provision of this part of an offenseoccurring on the same property and all avenues of direct appeal from the conviction have beenexhausted or abandoned.
(a) "Allow" under this subsection (2) means a failure to exercise the option arising undersubsection (1) within 10 days after the fee owner or lessor receives notice in writing from thecounty attorney of the county where the property is situated, or if situated in a city of the first orsecond class, from the city attorney of that city, that the property is being used for a purposeprohibited by this subsection (2).
(b) A willful violation of this subsection (2) is a class A misdemeanor and any fineassessed, if not paid within 30 days after judgment, shall become a lien upon the property.
(3) Any tenant or occupant who receives a notice in writing that the fee owner orintermediate lessor is exercising the option provided by subsection (1) and who does not quit thepremises within 10 days after the giving of that notice is guilty of a class A misdemeanor.
Enacted by Chapter 92, 1977 General Session