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IN THE HOUSE OF REPRESENTATIVES
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
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AN ACT
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RELATING TO FORCIBLE ENTRY AND UNLAWFUL DETAINER; AMENDING SECTION 6-303,
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TAIN PROCEDURES UPON A FINDING IN FAVOR OF A LANDLORD AND TO PROVIDE THAT
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A COURT MAY AWARD CERTAIN COSTS AND EXPENSES.
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amended to read as follows:
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6-303. UNLAWFUL DETAINER DEFINED. A tenant of real property, for a
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term less than life, is guilty of an unlawful detainer:
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1. When he continues in possession, in person or by subtenant, of the
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property, or any part thereof, after the expiration of the term for which it
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is let to him, without the permission of his landlord, or the successor in
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estate of his landlord, if any there be; but in case of a tenancy at will, it
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must first be terminated by notice, as prescribed in the civil code.
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2. Where he continues in possession, in person or by subtenant, with-
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out permission of his landlord, or the successor in estate of his landlord,
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if any there be, after default in the payment of rent, pursuant to the lease
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or agreement under which the property is held, and three (3) days' notice, in
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writing, requiring its payment, stating the amount which is due, or posses-
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sion of the property, shall have been served upon him, and if there be a sub-
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tenant in actual occupation of the premises, also upon such subtenant. Such
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notice shall also notify the tenant that if a court enters judgment against
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him, then he will have seventy-two (72) hours, if he is a residential ten-
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ant, and seven (7) days, or longer if granted by the court, if he is a commer-
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cial tenant or a tenant with a tract of land five (5) acres or more, to remove
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his belongings from the premises before the landlord may remove and dispose
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served at any time within one (1) year after the rent becomes due. In all
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cases of tenancy upon agricultural lands, where the tenant has held over and
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retained possession for more than sixty (60) days after the expiration of his
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term without any demand of possession or notice to quit by the landlord, or
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the successor in estate of his landlord, if any there be, he shall be deemed
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to be holding by permission of the landlord, or the successor in estate of his
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landlord, if any there be, and shall be entitled to hold under the terms of
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the lease for another full year, and shall not be guilty of an unlawful de-
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tainer during said year, and such holding over for the period aforesaid shall
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be taken and construed as a consent on the part of a tenant to hold for another
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year.
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3. Where he continues in possession in person, or by subtenants, after
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a neglect or failure to perform other conditions or covenants of the lease or
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agreement under which the property is held, including any covenant not to as-
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sign or sublet, than the one for payment of rent, and three (3) days' notice,
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in writing, requiring the performance of such conditions or covenants, or
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the possession of the property, shall have been served upon him, and if there
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be a subtenant in actual occupation of the premises, also upon such sub-
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tenant. Within three (3) days after the service of the notice, the tenant, or
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any subtenant in actual occupation of the premises, or any mortgagee of the
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term, or other person interested in its continuance, may perform the condi-
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tions or covenants of the lease, or pay the stipulated rent, as the case may
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be, and thereby save the lease from forfeiture: provided, if the covenants
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and conditions of the lease, violated by the lessee, can not cannot after-
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ward be performed, then no notice, as last prescribed herein, need be given
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to said lessee or his subtenant demanding the performance of the violated
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covenant or conditions of the lease. A tenant may take proceedings similar
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to those prescribed in this chapter, to obtain possession of premises let to
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an undertenant, in case of his unlawful detention of the premises underlet
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to him.
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4. A tenant or subtenant, assigning or subletting, or committing waste
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upon, the demised premises contrary to the covenants of his lease, thereby
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terminates the lease, and the landlord, or his successor in estate, shall,
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upon service of three (3) days' notice to quit upon the person or persons
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in possession, be entitled to restitution of possession of such demised
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premises under the provisions of this chapter.
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5. If any person is, or has been, engaged in the unlawful delivery, pro-
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duction or use of a controlled substance on the premises of the leased prop-
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erty during the term for which the premises are let to the tenant. For pur-
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poses of this chapter, the terms "delivery," "production," and "controlled
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amended to read as follows:
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6-311C. FORM OF EXECUTION. The execution, should judgment of restitu-
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tion be rendered, may be in the following form:
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)
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ss.
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)
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WHEREAS, a certain action for the possession of the following described
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premises, to-wit:
......................................................................
......................................................................
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lately tried before the above entitled court, wherein .... was plaintiff and
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.... was defendant, judgment was rendered on the .... day of ...., A.D.,
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...., that the plaintiff .... have restitution of the premises, and also
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that he recover the costs and disbursements in the sum of $ ....;
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to cause the defendant and his goods and chattels to be forthwith removed
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from the premises and the plaintiff is to have restitution of the same. In
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the event the goods and chattels are not promptly removed thereafter by the
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defendant you are, the plaintiff is authorized and empowered to cause remove
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the same to be removed to a safe place for storage. You are also commanded to
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levy on the goods and chattels of the defendant, and pay the costs and dis-
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bursements, aforesaid, and all accruing costs, and to pursuant to Section
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will make legal service and due return of this writ.
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WITNESS My hand and official seal (if issued out of a court of record)
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this .... day of ...., A.D., .....
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...........................
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Clerk of the District Court
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amended to read as follows:
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6-316. JUDGMENT -- RESTITUTION. (1) If, upon the trial, the verdict of
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the jury, or, if the case be tried without a jury, the finding of the court,
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be in favor of the plaintiff and against the defendant, judgment shall be
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entered for the restitution of the premises; and if the proceeding be for
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an unlawful detainer after neglect or failure to perform the conditions or
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covenants of the lease or agreement under which the property is held, or af-
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ter default in the payment of rent or based upon a finding that a landlord had
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reasonable grounds to believe that a person is, or has been, engaged in the
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unlawful distribution, production, or use of a controlled substance on the
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leased premises during the term for which the premises are let to the ten-
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ant, the judgment shall also declare the forfeiture of such lease or agree-
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ment. The jury, or the court, if the proceeding be tried without a jury,
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shall also assess the damages occasioned to the plaintiff by any forcible en-
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try, or by any forcible or unlawful detainer, alleged in the complaint and
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proved on the trial, and find the amount of any rent due, if the alleged un-
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lawful detainer be after default in the payment of rent or, after default,
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based upon a finding that a landlord had reasonable grounds to believe that
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a person is, or has been, engaged in the unlawful distribution, production,
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or use of a controlled substance on the leased premises during the term for
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which the premises are let to the tenant, and the judgment shall be rendered
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against the defendant guilty of the forcible entry, or forcible or unlawful
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detainer, for the amount of the damages thus assessed, and of the rent found
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due. When the proceeding is for an unlawful detainer after default in pay-
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ment of rent where the tract of land is larger than five (5) acres, and the
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lease or agreement under which the rent is payable has not by its terms ex-
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pired, execution upon the judgment shall not be issued until the expiration
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of five (5) days after the entry of the judgment, within which time the ten-
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ant, or any subtenant, or any mortgagee of the term, or other party inter-
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ested in its continuance, may pay into court, for the landlord, the amount
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found due as rent, with interest thereon, and the amount of the damages found
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by the jury or the court for the unlawful detainer, and the costs of the pro-
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ceeding, and thereupon the judgment shall be satisfied and the tenant be re-
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stored to his estate; but if payment as here provided be not made within the
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five (5) days, the judgment may be enforced for its full amount, and for the
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possession of the premises. In all other cases the judgment may be enforced
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immediately.
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(2) If, upon the trial, the verdict of the jury or, if the case is tried
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without a jury, the finding of the court is in favor of the landlord and for
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the possession of the premises, a residential tenant shall have seventy-two
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(72) hours to remove his belongings from the premises, and a commercial ten-
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ant or a tenant with a tract of land five (5) acres or more shall have seven
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(7) days to remove his belongings from the premises; provided however, that
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upon a finding of good cause shown, a court may grant a commercial tenant
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longer than seven (7) days to remove his belongings. The landlord or his
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time required for a tenant to remove his belongings under this subsection and
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session of the premises to the plaintiff by causing immediate removal of the
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tenant, and the landlord or his agents may, subject to any security inter-
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maining property of the tenant, including any motor vehicle that may be re-
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premises without any further compensation or consideration to the tenant.
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Upon a finding of good cause shown, the court may award to the landlord rea-
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sonable costs and expenses not otherwise provided for in this chapter for the
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removal of property pursuant to this subsection and for restoration of the
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premises.