(a) A landlord or his or her agent may commence eviction proceedings against a tenant in a district court having jurisdiction over the eviction proceeding, when: (1) The tenant fails or refuses to pay the rent when due or when demanded; (2) The term of tenancy or occupancy has ended; or (3) The terms or […]
(a) (1) (A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction. (B) The supporting affidavit shall be […]
(a) The copy of the order to vacate under § 18-17-902 may be served in the manner as is provided by law for the service of the summons in actions pending in the district court of this state. (b) When service in accordance with subsection (a) of this section has been unsuccessfully attempted and no […]
If the tenant fails to appear and show cause within the ten-calendar-day period provided in § 18-17-902(b) as directed by the order or at the court appointed hearing date, the court shall enter judgment in favor of the plaintiff and direct the clerk to issue a writ of possession, and the tenant shall be evicted […]
If the tenant appears and contests eviction, the court shall hear and determine the case as any other civil case.
In any eviction proceeding in a district court, the landlord shall be designated as plaintiff and the tenant as defendant.
If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county.
If the judgment is for the defendant, the tenant shall be entitled to remain in possession until: (1) The termination of his or her tenancy by agreement or operation of law; (2) Failure or neglect to pay rent; or (3) Eviction in another proceeding under this chapter or by the judgment of a court of […]
Either party may appeal in an eviction case and the appeal shall be heard and determined as other appeals in civil cases.
(a) An appeal in an eviction case will not stay eviction unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the court and conditioned for the payment of all costs and damages that the landlord may sustain. (b) If […]
(a) (1) After the commencement of eviction proceedings by the issuance of an order to vacate or to show cause as provided in § 18-17-902, the rent for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises at the rate as […]
(a) In any action involving a commercial lease in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the lease agreement: (1) (A) The tenant shall pay the landlord all rent that becomes due after the issuance of the order requiring the tenant to vacate or show […]
In executing a writ of possession, the sheriff shall proceed in accordance with the provisions of § 18-60-310.
