Section 38-12-1407 - Unfounded or retaliatory evictions

(1) For any rent-to-own contract, if the seller of the mobile home evicts or attempts to evict a purchaser for any wrongful or retaliatory reason or any reason unsupported by the provisions of sections 38-12-203 and 38-12-204, the purchaser is entitled to recover treble damages. For purposes of calculating damages, the minimum amount of damages is at least the amount of purchase payments then made by the purchaser. In addition to minimum damages, the purchaser is also entitled to any other actual damages.(2) If a seller evicts or attempts to evict a purchaser for any wrongful or retaliatory reason or any reason unsupported by the provisions of sections 38-12-203 and 38-12-204, a court shall award attorney's fees and expenses to the purchaser.Added by 2024 Ch. 399,§ 18, eff. 6/30/2024, app. to rent-to-own mobile home contracts formed on or after 6/30/2024.