(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), an eviction, distress action, or requirement for deposit of accrued rent, as provided for in law, may not proceed against any person described in section 28-3-1402 during the period of service or duty and for thirty days thereafter if:
The person, within thirty days after being called to said service or duty, has givenwritten notice to the affected landlord with regard to any premises; and
The rental unit is occupied chiefly as a residential dwelling by the person, the person's spouse, or a dependent of the person.
(b) A court of competent jurisdiction may allow an action described in paragraph (a) of this subsection (1) to proceed based upon a finding of no substantive prejudice to the person as a result of the service or duty.
(2) The court may, on its own motion, stay the proceedings described in paragraph (a) of subsection (1) of this section for the duration of the period of service or duty and for thirty days thereafter or otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to pay the agreed upon rent has not been materially affected by reason of the service or duty.
Source: L. 2002: Entire part added, p. 691, § 1, effective July 1. L. 2003: (2) amended, p. 2000, § 58, effective May 22.