33-1375. Periodic tenancy; hold-over
remedies
A. The landlord or the tenant may terminate a week-to-week tenancy by a written
notice given to the other at least ten days prior to the termination date specified in
the notice.
B. The landlord or the tenant may terminate a month-to-month tenancy by a written
notice given to the other at least thirty days prior to the periodic rental date
specified in the notice.
C. If the tenant remains in possession without the landlord's consent after
expiration of the term of the rental agreement or its termination, the landlord may bring
an action for possession and if the tenant's holdover is willful and not in good faith
the landlord, in addition, may recover an amount equal to not more than two months'
periodic rent or twice the actual damages sustained by the landlord, whichever is
greater. If the landlord consents in writing to the tenant's continued occupancy, section
33-1314, subsection D applies.
|