33-1902 - RESIDENTIAL RENTAL PROPERTY; RECORDING WITH THE ASSESSOR; AGENT DESIGNATION; CIVIL PENALTY; FEE.DOCX

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.
(c) For a limited liability company, the managing or administrative member.
(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.