Title 70, Title 70

After such notice has been served and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.

Whenever the right of reentry is given to the grantor or lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon 3 days' notice, as provided in this chapter.

An action for the possession of real property leased or granted with a right of reentry may be maintained at any time in the district court, after the right to reenter has accrued, without the notice prescribed in 70-27-106.

A tenant of real property or a mining claim for a term less than life is guilty of unlawful detainer: (1) when the tenant continues in possession, in person or by subtenant, of the property or any part of the property after the expiration of the term for which it is let to the te…

Except as otherwise provided in this chapter, the provisions of Title 25 are applicable to and constitute the rules of practice mentioned in this chapter.

(1) The notices required by 70-27-108 may be served either: (a) by delivering a copy to the tenant personally; (b) if the tenant is absent from the tenant's place of residence and from the tenant's usual place of business, by leaving a copy with some person of suitable age and di…

(1) A person, other than the tenant of the premises and a subtenant, if there is one, occupying the premises when the complaint is filed need not be made a party defendant in the proceeding, and a proceeding may not abate or the plaintiff be nonsuited for the nonjoinder of any pe…

Except as provided in 70-27-111, the provisions of Title 25 relating to parties to civil actions are applicable to this proceeding.

(1) The plaintiff's complaint, which must be in writing, must set forth the facts on which the plaintiff seeks to recover and describe the premises with reasonable certainty. The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the …

(1) The summons must: (a) state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought; and (b) notify the defendant to appear and answer within 10 days of service and that the relief sought wi…

The complaint and answer must be verified. If new matter be set up in the answer, it is deemed denied.

If the defendant does not appear and defend within 10 days of service, the court shall enter the defendant's default and enter judgment in favor of the plaintiff as requested in the complaint.

Whenever an issue of fact is presented by the pleadings, it must be tried by a jury unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.

(1) Actions filed in justice's court under this chapter shall be tried within 10 days after the appearance or answer date stated in the summons unless the defendant applying for a continuance shall give an undertaking to the adverse party with good and sufficient security to be a…

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

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

(1) If upon the trial the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the plaintiff and against the defendant, judgment must be entered for the restitution of the premises. If the proceeding is for an unlawful detainer afte…

If a person recovers damages for a forcible or unlawful entry in or upon or detention of any building or cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.

If any tenant or any person in collusion with the tenant holds over any lands or tenements after demand made and 1 month's notice given in writing requiring the possession of the land or tenement, the person holding over shall pay to the landlord treble rent during the time the p…

If any tenant gives notice of the intention to quit the premises and does not deliver up the possession at the time specified in the notice, the tenant shall pay to the landlord treble rent during the time the tenant continues in possession after the notice.

The damages prescribed by 70-27-207 and 70-27-208 are exclusive of exemplary damages and interest.

(1) The court may relieve a tenant against a forfeiture of a lease and restore the tenant to the tenant's former estate in the case of hardship when application for relief is made within 30 days after the forfeiture is declared by the judgment of the court, as provided in 70-27-2…

An appeal may be taken by the plaintiff or defendant as in other cases.

The provisions of Title 25 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.