Search terms: ISYSLANG |
IN THE HOUSE OF REPRESENTATIVES
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1
AN ACT
2
RELATING TO FORCIBLE ENTRY AND UNLAWFUL DETAINER; AMENDING SECTION 6-303,
3
4
5
TAIN PROCEDURES UPON A FINDING IN FAVOR OF A LANDLORD AND TO PROVIDE THAT
6
A COURT MAY AWARD CERTAIN COSTS AND EXPENSES.
8
9
amended to read as follows:
10
6-303. UNLAWFUL DETAINER DEFINED. A tenant of real property, for a
11
term less than life, is guilty of an unlawful detainer:
12
1. When he continues in possession, in person or by subtenant, of the
13
property, or any part thereof, after the expiration of the term for which it
14
is let to him, without the permission of his landlord, or the successor in
15
estate of his landlord, if any there be; but in case of a tenancy at will, it
16
must first be terminated by notice, as prescribed in the civil code.
17
2. Where he continues in possession, in person or by subtenant, with-
18
out permission of his landlord, or the successor in estate of his landlord,
19
if any there be, after default in the payment of rent, pursuant to the lease
20
or agreement under which the property is held, and three (3) days' notice, in
21
writing, requiring its payment, stating the amount which is due, or posses-
22
sion of the property, shall have been served upon him, and if there be a sub-
23
tenant in actual occupation of the premises, also upon such subtenant. Such
24
notice shall also notify the tenant that if a court enters judgment against
25
him, then he will have seventy-two (72) hours, if he is a residential ten-
26
ant, and seven (7) days, or longer if granted by the court, if he is a commer-
27
cial tenant or a tenant with a tract of land five (5) acres or more, to remove
28
his belongings from the premises before the landlord may remove and dispose
29
30
served at any time within one (1) year after the rent becomes due. In all
31
cases of tenancy upon agricultural lands, where the tenant has held over and
32
retained possession for more than sixty (60) days after the expiration of his
33
term without any demand of possession or notice to quit by the landlord, or
34
the successor in estate of his landlord, if any there be, he shall be deemed
35
to be holding by permission of the landlord, or the successor in estate of his
36
landlord, if any there be, and shall be entitled to hold under the terms of
37
the lease for another full year, and shall not be guilty of an unlawful de-
38
tainer during said year, and such holding over for the period aforesaid shall
39
be taken and construed as a consent on the part of a tenant to hold for another
40
year.
41
3. Where he continues in possession in person, or by subtenants, after
42
a neglect or failure to perform other conditions or covenants of the lease or
2
1
agreement under which the property is held, including any covenant not to as-
2
sign or sublet, than the one for payment of rent, and three (3) days' notice,
3
in writing, requiring the performance of such conditions or covenants, or
4
the possession of the property, shall have been served upon him, and if there
5
be a subtenant in actual occupation of the premises, also upon such sub-
6
tenant. Within three (3) days after the service of the notice, the tenant, or
7
any subtenant in actual occupation of the premises, or any mortgagee of the
8
term, or other person interested in its continuance, may perform the condi-
9
tions or covenants of the lease, or pay the stipulated rent, as the case may
10
be, and thereby save the lease from forfeiture: provided, if the covenants
11
and conditions of the lease, violated by the lessee, can not cannot after-
12
ward be performed, then no notice, as last prescribed herein, need be given
13
to said lessee or his subtenant demanding the performance of the violated
14
covenant or conditions of the lease. A tenant may take proceedings similar
15
to those prescribed in this chapter, to obtain possession of premises let to
16
an undertenant, in case of his unlawful detention of the premises underlet
17
to him.
18
4. A tenant or subtenant, assigning or subletting, or committing waste
19
upon, the demised premises contrary to the covenants of his lease, thereby
20
terminates the lease, and the landlord, or his successor in estate, shall,
21
upon service of three (3) days' notice to quit upon the person or persons
22
in possession, be entitled to restitution of possession of such demised
23
premises under the provisions of this chapter.
24
5. If any person is, or has been, engaged in the unlawful delivery, pro-
25
duction or use of a controlled substance on the premises of the leased prop-
26
erty during the term for which the premises are let to the tenant. For pur-
27
poses of this chapter, the terms "delivery," "production," and "controlled
28
29
30
amended to read as follows:
31
6-316. JUDGMENT -- RESTITUTION. (1) If, upon the trial, the verdict of
32
the jury, or, if the case be tried without a jury, the finding of the court,
33
be in favor of the plaintiff and against the defendant, judgment shall be
34
entered for the restitution of the premises; and if the proceeding be for
35
an unlawful detainer after neglect or failure to perform the conditions or
36
covenants of the lease or agreement under which the property is held, or af-
37
ter default in the payment of rent or based upon a finding that a landlord had
38
reasonable grounds to believe that a person is, or has been, engaged in the
39
unlawful distribution, production, or use of a controlled substance on the
40
leased premises during the term for which the premises are let to the ten-
41
ant, the judgment shall also declare the forfeiture of such lease or agree-
42
ment. The jury, or the court, if the proceeding be tried without a jury,
43
shall also assess the damages occasioned to the plaintiff by any forcible en-
44
try, or by any forcible or unlawful detainer, alleged in the complaint and
45
proved on the trial, and find the amount of any rent due, if the alleged un-
46
lawful detainer be after default in the payment of rent or, after default,
47
based upon a finding that a landlord had reasonable grounds to believe that
48
a person is, or has been, engaged in the unlawful distribution, production,
49
or use of a controlled substance on the leased premises during the term for
3
1
which the premises are let to the tenant, and the judgment shall be rendered
2
against the defendant guilty of the forcible entry, or forcible or unlawful
3
detainer, for the amount of the damages thus assessed, and of the rent found
4
due. When the proceeding is for an unlawful detainer after default in pay-
5
ment of rent where the tract of land is larger than five (5) acres, and the
6
lease or agreement under which the rent is payable has not by its terms ex-
7
pired, execution upon the judgment shall not be issued until the expiration
8
of five (5) days after the entry of the judgment, within which time the ten-
9
ant, or any subtenant, or any mortgagee of the term, or other party inter-
10
ested in its continuance, may pay into court, for the landlord, the amount
11
found due as rent, with interest thereon, and the amount of the damages found
12
by the jury or the court for the unlawful detainer, and the costs of the pro-
13
ceeding, and thereupon the judgment shall be satisfied and the tenant be re-
14
stored to his estate; but if payment as here provided be not made within the
15
five (5) days, the judgment may be enforced for its full amount, and for the
16
possession of the premises. In all other cases the judgment may be enforced
17
immediately.
18
(2) If, upon the trial, the verdict of the jury or, if the case is tried
19
without a jury, the finding of the court is in favor of the landlord and for
20
the possession of the premises, a residential tenant shall have seventy-two
21
(72) hours to remove his belongings from the premises, and a commercial ten-
22
ant or a tenant with a tract of land five (5) acres or more shall have seven
23
(7) days to remove his belongings from the premises; provided however, that
24
upon a finding of good cause shown, a court may grant a commercial tenant
25
longer than seven (7) days to remove his belongings. After the time required
26
for a tenant to remove his belongings under this subsection, the landlord or
27
his agents may, subject to any security interests under chapter 9, title 28,
28
29
cluding any motor vehicle that may be removed pursuant to section 49-1806,
30
31
sation or consideration to the tenant. Removal of such property by the land-
32
33
be there only to keep the peace. Upon a finding of good cause shown, the court
34
may award to the landlord reasonable costs and expenses not otherwise pro-
35
vided for in this chapter for the removal of property pursuant to this sub-
36
section and for restoration of the premises.