Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 751 Rent; liability of person in possession; actions
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(a) Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate or freehold, or for any term of years, shall be liable for the amount of proportion of rent due from the land in his possession, although it is o…
28 V.I.C. § 752 Termination of estates at will or by sufferance
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All estates at will or by sufferance may be terminated by either party, by three months' notice in writing given by the other party. When the rent received in a lease at will is payable at periods of less than three months the time of such notice shall be sufficient if it is equa…
28 V.I.C. § 753 Prohibited provisions in lease agreement regarding domestic violence; release from rental agreement
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(a) (1) A landlord may not include in a residential rental or lease agreement a provision authorizing the landlord to terminate the agreement or to impose a penalty on a residential tenant for calls made by the residential tenant for peace officer assistance or other emergency as…
28 V.I.C. § 781 When entry allowed; forcible entry prohibited
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No person shall enter upon any land, tenement or other real property, but in cases where entry is given by law; and in such cases the entry shall not be made with force, but only in a peaceful manner.
28 V.I.C. § 782 Action for forcible entry or detainer
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(a) When a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and the possession is held by force, the person entitled to the premises may maintain an action to recover the possession thereof. (b) If the unpaid rent or the value of the real p…
28 V.I.C. § 783 Complaint
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In an action under this subchapter it shall be sufficient to state in the complaint a description of the premises with convenient certainty, that the defendant is in possession thereof, that he entered upon the same with force, or unlawfully holds the same with force, as the case…
28 V.I.C. § 784 Procedure generally
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Except as provided in this chapter and the rules of court, an action for forcible entry and detainer shall be conducted in the same manner as other civil actions.
28 V.I.C. § 785 Time for summons and answer; default judgment
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Upon the filing of the complaint, a summons shall be served and returned within 3 days, requiring the defendant to appear within 3 days after service thereof, and show cause why a judgment of dispossession should not be entered against him. In the event of the failure of the defe…
28 V.I.C. § 786 Continuance
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No continuance shall be granted for a longer period than two days, unless the defendant applying therefor gives an undertaking to the adverse party, with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if the judg…
28 V.I.C. § 787 Form of execution
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The execution, should judgment of restitution be rendered, may be in the following form:To the Marshal for the Whereas a certain action for the forcible entry and detention (or the forcible detention, as the case may be) of the following described premises, to wit: , lately tried…
28 V.I.C. § 788 Appeal bond
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If judgment is rendered against the defendant for the restitution of the real property described in the complaint or any part thereof, no appeal shall be taken by the defendant from such judgment until, in addition to any undertaking otherwise required by law upon appeal, he give…
28 V.I.C. § 789 Failure to pay rent; expiration of lease; time for notice to quit
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(a) The following shall be deemed cases of unlawful holding by force within the meaning of this chapter—(1) When the tenant or person in possession of any premises fails or refuses to pay any rent due on the lease or agreement under which he holds, or deliver up the possession of…
28 V.I.C. § 790 Form and service of notice to quit
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A notice to quit shall be in writing and shall be served upon the tenant or person in possession by being delivered to him or left at the premises in case of his absence therefrom.
28 V.I.C. § 791 Rent paid in advance
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The service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against him for the possession of the premises before the expiration of any period for which such tenant or person has paid the rent of such premises in advance.
28 V.I.C. § 792 Access of tenant to cultivate and harvest crop
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When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of such lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or …
28 V.I.C. § 793 Merits of title; limitation of action
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In an action to recover the possession of any land, tenement or other real property, where the entry is forcible or when the possession thereof is unlawfully held by force, the merits of the title shall not be inquired into, and three years' quiet possession of the premises immed…
28 V.I.C. § 794 Fees and costs
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The total court fees and costs for the summary proceedings provided for by this chapter shall be $2.00.
28 V.I.C. § 795 Landlord's obligation to install water and/or electric meter
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Unless otherwise agreed in writing, upon the request of a tenant, the landlord of a dwelling unit/commercial unit shall install a water and/or electric meter for the purpose of recording the amount of water and/or electricity used by the tenant. Nothing contained in this section …
28 V.I.C. § 831 Definitions
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As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application, or meaning—“accommodations” means any building, structure or part thereof, or land appurtenant thereto, or any other real or personal property rented or offe…
28 V.I.C. § 832 Administration and enforcement
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The provisions of this subchapter shall be administered and enforced by a Rent Control Officer, under the direction and general supervision of the Commissioner of Housing, Parks and Recreation. There shall be a Rent Control Officer for St. Croix, and a Rent Control Officer for Sa…
28 V.I.C. § 833 Powers of Rent Control Officer
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(1) In addition to any other powers granted to him by this subchapter or other law, the Rent Control Officer may—(1) with the approval of the Commissioner of Housing, Parks and Recreation, promulgate, issue, amend, or rescind such rules and regulations as he deems necessary for t…
28 V.I.C. § 834 Maximum rent ceilings
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(1) The maximum rent ceilings in the Virgin Islands shall be as follows—(1) for housing accommodations, rents in force and effect on July 1, 1947;(2) real property used for business purposes or on which superficiary houses are constructed, rents in force and effect on July 1, 194…
28 V.I.C. § 835 Rents in excess of maximum ceilings
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All rentals shall be deemed unjust and unreasonable if they are in an amount greater than as set forth or authorized in this subchapter.
28 V.I.C. § 836 Petitions for adjustment of maximum rent ceilings
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(a) Any landlord may petition the Rent Control Officer to adjust the maximum rent ceiling applicable to his accommodations to compensate for a substantial major capital improvement or structural change as distinguished from repair, replacement, or maintenance. (b) Any tenant may …
28 V.I.C. § 837 Consideration of petitions; hearings; orders
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(a) Any petition filed under section 836 of this title shall be promptly considered by the Rent Control Officer. Pursuant thereto, he shall hold a hearing, which shall be conducted in accordance with regulations promulgated under clause (1) of section 833 of this title. At this h…
28 V.I.C. § 838 Appeal to Commissioner of Housing, Parks and Recreation
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Any person aggrieved by an order of the Rent Control Officer issued under this subchapter may appeal to the Commissioner of Housing, Parks and Recreation within 10 days after issuance of the order. The Commissioner shall issue an order affirming, modifying, or reversing the order…
28 V.I.C. § 839 Judicial review
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(a) Within 10 days after issuance of an order of the Commissioner of Housing, Parks and Recreation under section 838 of this title, any aggrieved party may file a petition to review such action in the district court and shall forthwith serve a copy of such petition upon the Commi…
28 V.I.C. § 840 Grounds for recovery of possession; proof and defenses
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(a) No action shall be maintained to recover the possession of rented premises in the Virgin Islands, except upon the ground that—(1) the owner seeks, in good faith, to recover possession of the premises for his own personal use;(2) the owner desires, in good faith, to recover po…
28 V.I.C. § 841 Stay of eviction order; conditions
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(a) When a landlord has been granted recovery of the premises under clause (1) or (2) of subsection (a) of section 840 of this title, the court, on application of the occupant, shall stay the issuance of an order of eviction for a reasonable period of not more than 6 months at a …
28 V.I.C. § 842 Use of premises after recovery; re-occupancy by tenant; penalties
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Premises recovered by an owner in accordance with clause (1) or (2) of subsection (a) of section 840 of this title shall not thereafter be leased to or occupied by any tenant, lessee, or person other than the owner recovering possession of the same for his own personal use, unles…
28 V.I.C. § 843 Notice to quit as condition precedent to recovery of possession
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In any action for the recovery of possession of rented premises, written notice to quit must have been served upon the tenant or person in possession for a period of 30 days before the commencement of such action.
28 V.I.C. § 844 Penalties
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(a) If any landlord receives rent in violation of any provisions of this subchapter, or of any regulation or order thereunder prescribing a rent ceiling, the tenant paying such rent or the Rent Control Officer on behalf of such tenant may bring an action for double the amount by …
28 V.I.C. § 845 Applicability to hotels or lodging houses
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This subchapter shall not apply to hotels or transient lodging houses.
28 V.I.C. § 846 Termination of emergency as rendering subchapter ineffective
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The provisions of this subchapter shall remain in force and effect only for the duration of the public emergency with respect to the shortage of housing and business accommodations declared to exist by Ordinance of the Municipal Council of Saint Thomas and Saint John approved Dec…