Title 28 — Property

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.

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…

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…

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…

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…

(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…

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.

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.

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 …

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…

The total court fees and costs for the summary proceedings provided for by this chapter shall be $2.00.

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 …

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…

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…

(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…

(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…

All rentals shall be deemed unjust and unreasonable if they are in an amount greater than as set forth or authorized in this subchapter.

(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 …

(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…

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…

(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…

(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…

(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 …

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…

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.

(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 …

This subchapter shall not apply to hotels or transient lodging houses.

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…

(a) As used in this chapter, unless the context otherwise requires:(a) “Apartment” or “condominium unit” means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) …

Whenever the sole owner or sole lessee or all of the owners or all of the lessees of a property expressly declare, through the execution and recordation of a master deed or lease, together with a declaration, which declaration shall set forth the particulars enumerated by section…

(a) Once property is submitted to the provisions of this chapter:(a) Each apartment, together with its undivided interest in the common area and facilities, shall for all purpose, including the provisions of subtitle 2 of Title 33, constitute real property and may be separately c…

(a) In cases of the conveyance or encumbrance of an apartment which has been planned but whose construction has not yet begun, the share of the grantor or the encumbrancer, as the case may be, in the common elements of the proposed building and his right to have the apartment con…

(a) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property. (b) T…

Each apartment owner shall comply strictly with the bylaws and the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or i…

No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament without in every such case the unanimous consent of all the other apartment owners being first obtained.

(a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against su…

The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.

(1) The declaration shall contain the following particulars:(1) Description of the land, whether leased or in fee simple, on which the building and improvements are or are to be located.(2) Description of the building, stating the number of stories and basements, the number of ap…

(1) Deeds of apartments shall include the following particulars:(1) Description of the land as provided in section 910 of this title, or the post-office address of the property, including in either case the book, page and date of recording of the declaration.(2) The apartment num…

Simultaneously with the recording of the declaration there shall be filed in the office of the Recorder of Deeds for the district where the property is situated a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartmen…

At the time of the first conveyance or lease of each apartment, every mortgage and other lien affecting such apartment, including the percentage of undivided interest of the apartment in the common areas and facilities, shall be paid and satisfied of record, or; the apartment bei…

(a) The declaration, any amendment or amendments thereof, any instruments by which the provisions of this chapter may be waived, and every instrument affecting the property or any apartment shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall …

(a) All of the apartment owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the apartments consent thereto or agree, in either case by instruments duly recorded, …

The removal provided for in the preceding section shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.

The administration of every property shall be governed by bylaws a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment i…

(a) The bylaws may provide for the following:(a) The election from among the apartment owners of a Board of Directors, the number of persons constituting the same, and that the terms of at least one-third of the directors shall expire annually; the powers and duties of the Board;…

The manager or Board of Directors, as the case may be, shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and fa…

No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his apartment.

Each apartment and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation under the provision of subtitle 2 of Title 33. Neither the building, the property nor any of the comm…

(a) All sums assessed by the Association of Apartment Owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment in favor of the Government of the…