33-361. Violation of lease by tenant; right of
landlord to reenter; summary action for recovery of premises;
appeal; lien for unpaid rent; enforcement
A. When a tenant neglects or refuses to pay rent when due and in arrears for five
days, or when a tenant violates any provision of the lease, the landlord or person to
whom the rent is due, or the agent of the landlord or person to whom the rent is due, may
reenter and take possession, or, without formal demand or reentry, commence an action for
recovery of possession of the premises.
B. The action shall be commenced, conducted and governed as provided for actions
for forcible entry or detainer and shall be tried not less than five nor more than thirty
days after its commencement. In addition to determining the right to actual possession,
the court may assess damages, attorney fees and costs pursuant to section 12-1178.
C. If judgment is given for the plaintiff, the defendant, in order to perfect an
appeal, shall file a bond with the court in an amount fixed and approved by the court and
payable to the clerk of the superior court, conditioned that the appellant will prosecute
the appeal to effect and will pay the rental value of the premises pending the appeal and
all damages, attorney fees, costs and rent adjudged against the appellant.
D. If the tenant refuses or fails to pay rent owing and due, the landlord shall
have a lien upon and may seize as much personal property of the tenant located on the
premises and not exempted by law as is necessary to secure payment of the rent. If the
rent is not paid and satisfied within sixty days after seizure as provided for in this
section, the landlord may sell the seized personal property in the manner provided by
section 33-1023.
E. When premises are sublet or the lease is assigned, the landlord shall have a
like lien against the sublessee or assignee as the landlord has against the tenant and
may enforce it in the same manner.
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