12-1171. Acts which constitute forcible entry or detainer A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he: 1. Makes an entry into any lands, tenements or other real property, except in cases where entry is given by law. 2. Makes such an entry by […]
12-1172. Definition of forcible entry A " forcible entry, " or an entry where entry is not given by law within the meaning of this article, is: 1. An entry without the consent of the person having the actual possession. 2. As to a landlord, an entry upon the possession of his tenant at will […]
12-1173. Definition of forcible detainer; substitution of parties There is a forcible detainer if: 1. A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by […]
12-1173.01. Additional definition of forcible detainer A. In addition to other persons enumerated in this article, a person in any of the following cases who retains possession of any land, tenements or other real property after he receives written demand of possession may be removed through an action for forcible detainer filed with the clerk […]
12-1174. Immateriality of time possession obtained by tenant It is not material whether a tenant received possession from his landlord or became his tenant after obtaining possession.
12-1175. Complaint and answer; service and return; notice and pleading requirements A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day. B. The […]
12-1176. Demand for jury; trial procedure A. If a jury trial is requested by the plaintiff, the court shall grant the request. If the proceeding is in the superior court, the jury shall consist of eight persons, and if the proceeding is in the justice court, the jury shall consist of six persons. The trial […]
12-1177. Trial and issue; postponement of trial A. On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into. B. If a jury is demanded, it shall return a verdict of guilty or not […]
12-1178. Judgment; writ of restitution; limitation on issuance; criminal violation; notice A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other […]
12-1179. Appeal to superior court; notice; bond A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days after rendition of the judgment pursuant to this section. The appeal shall be filed […]
12-1180. Stay of proceedings on judgment; record on appeal When the appeal bond is filed and approved, the justice of the peace shall stay further proceedings on the judgment and immediately prepare a list of all entries on the justice’s docket in the action and transmit it, together with all the original papers, to the […]
12-1181. Trial and judgment on appeal; writ of restitution A. On trial of the action in the superior court, appellee, if out of possession and the right of possession is adjudged to him, shall be entitled to damages for withholding possession of the premises during pendency of the appeal and the court shall also render […]
12-1182. Appeal to supreme court; stay and bond A. In a forcible entry or forcible detainer action originally commenced in the superior court, an appeal may be taken to the supreme court as in other civil actions. B. The appeal, if taken by the party in possession of the premises, shall not stay execution of […]
12-1183. Proceedings no bar to certain actions The proceedings under a forcible entry or forcible detainer shall not bar an action for trespass, damages, waste, rent or mesne profits.
