33-2145

33-2145. Remedy after termination

A. If the rental agreement is terminated, the landlord may have a claim for possession of the recreational vehicle space and for rent and a separate claim for actual damages for breach of the rental agreement.

B. In the execution of any writ of restitution issued pursuant to section 12-1178 or 12-1181, the landlord may provide written instructions to the sheriff or constable not to remove the recreational vehicle from its space, and if those written instructions are provided, the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the recreational vehicle and from the space it occupies. The recreational vehicle is deemed abandoned, and the landlord may terminate any utility services that are provided by the landlord. An owner of a recreational vehicle in compliance with subsection C of this section may recover possession of the recreational vehicle while the title remains in the owner's name.

C. A recreational vehicle that is subject to a judgment for forcible detainer may not be removed from its space until the tenant has received from the landlord a clearance for removal that shows that all monies due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal. The landlord may agree in writing to accept other terms in satisfaction of the judgment. This subsection does not apply to any lienholder of record on the date of judgment or its successors or assigns.