Title 21, Real Property

Every person is guilty of a forcible entry who either: (a) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstances of terror enters upon or into any real property; or, (b) Who, after entering peaceably upon real property, turns out …

Every person is guilty of a forcible detainer who either: COL372014 (a) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or (b) Who, in the nighttime, or during t…

A tenant of real property, for a term less than life, is guilty of unlawful detainer: (a) When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his l…

In either of the following cases, a person who holds over and continues in the possession of real property, after a three (3) day written notice to quit the same shall have been served upon him, or if there is a subtenant in actual occupation of the premises, also upon such subte…

The notices required by the preceding section may be served, (a) By delivering a copy to the tenant personally; or, (b) If he be absent from his place of residence, and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either p…

No person, other than the tenant of the premises and subtenant, if there be one, in actual occupation of the premises when the complaint is filed need be made party defendant in the proceeding, nor shall any proceeding abate, COL372014 nor the plaintiff be nonsuited for the nonjo…

Except as provided in the preceding section, the provisions of 7 GCA Division 2, beginning with Chapter 10, relating to parties to civil actions, are applicable to this proceeding. SOURCE: CCP § 1165. 2013 NOTE: In the transition from the CCP to the GCA, the term Part was replace…

The plaintiff, in his complaint, which shall be verified, must set forth the facts on which he seeks to recover, describe the premises with reasonable certainty, and may set forth therein any circumstances of fraud, force, or violence which may have accompanied the alleged forcib…

COL372014 The summons must require the defendant to appear and answer within five (5) days after the service of the summons upon him, and must notify him that if he fails to so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint. In a…

If the complaint presented establishes, to the satisfaction of the judge or justice, fraud, force, or violence in the entry or detainer, and that the possession held is unlawful, he may make an order for the arrest of the defendant. SOURCE: CCP § 1168.

If, at the time appointed, the defendant does not appear and defend, the court must enter his default and must not render judgment in favor of the plaintiff, as prayed for in the complaint, without first hearing the proofs of the plaintiff. SOURCE: CCP § 1169.

On or before the day fixed for his appearance, the defendant may appear and answer or demur. SOURCE: CCP § 1170.

Of Defendant. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible…

When, upon the trial of any proceeding under this Chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint …

If, upon the trial, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants…

An appeal taken by the defendant shall not stay proceedings upon the judgment unless the judge or justice before whom the same was rendered so directs. COL372014 SOURCE: CCP § 1176.

Except as otherwise provided in this Chapter, the provisions of Division 2 of Title 7, Guam Code Annotated are applicable to and constitute the rules of practice in the proceedings mentioned in this Chapter. SOURCE: CCP § 1177. 2013 NOTE: In the transition from the CCP to the GCA…

The provisions of 7 GCA Division 2 commencing with Chapter 10, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. SOURCE: CCP § 1178. 2013 NOTE: In the transition fro…

The court may relieve a tenant against a forfeiture of a lease, and restore him to his former estate, in case of hardship, where application for such relief is made within thirty (30) days after the forfeiture is declared by the judgment of the court, as provided in § 21115. The …

In all proceedings brought to recover the possession of real property pursuant to the provisions of this Chapter, all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which spe…