§ 34-18-35 Eviction for nonpayment ofrent. – (a) If any part of the stipulated rent is due and in arrears for fifteen (15)days, the landlord shall send a written notice, in a form substantially similarto that provided in § 34-18-56(a), specifying the amount of the rent whichis fifteen (15) days in arrears, making demand for the rent, and notifying thetenant that unless he or she cures the breach within five (5) days of the dateof mailing of the notice, the rental agreement shall terminate, and thelandlord shall commence an eviction action in the appropriate district court orhousing court.
(b) If the tenant fails to cure his or her breach by payingthe stipulated rent in arrears within five (5) days of the date of mailing ofthe notice, the landlord may commence an eviction action against the tenant,which shall be filed no earlier than the sixth (6th) day after mailing of thewritten demand notice. The action shall be commenced by filing a "Complaint forEviction for Nonpayment of Rent" in the appropriate court in the form providedin § 34-18-56(d).
(c) The summons for eviction for nonpayment of rent shallspecify the date for hearing and be in the form provided in § 34-18-56(g).The summons shall specify that the defendant may file and serve his or heranswer prior to or at the time of hearing, and that if he or she fails toanswer or appear at the hearing, he or she shall be defaulted.
(d) If the defendant files his or her answer and commencesdiscovery prior to the hearing, and it appears, for good cause shown, that thedefendant will not be able to conduct his or her defense without the benefit ofdiscovery, the court may continue the hearing to allow a reasonable time forthe completion of discovery. In the case of such a continuance, the court may,in its discretion, order interim rent, or other remedy, to be paid to preservethe status quo pending hearing. Except as provided in this chapter, thelandlord may recover possession and actual damages. In cases where the tenanthad received a demand notice pursuant to subsection (a) within the six (6)months immediately preceding the filing of the action, and the tenant'snonpayment was willful, the landlord may also recover a reasonable attorney'sfee.
(e) The tenant shall have the right to cure his or herfailure to pay rent by tendering the full amount of rent prior to commencementof suit. If the tenant has not received a notice pursuant to subsection (a) ofthis section within the six (6) months immediately preceding the filing of theaction, the tenant shall have the right to cure his or her failure to pay rentafter commencement of suit by tendering the full amount of rent in arrears,together with court costs, at the time of hearing.
§ 34-18-35 Eviction for nonpayment ofrent. – (a) If any part of the stipulated rent is due and in arrears for fifteen (15)days, the landlord shall send a written notice, in a form substantially similarto that provided in § 34-18-56(a), specifying the amount of the rent whichis fifteen (15) days in arrears, making demand for the rent, and notifying thetenant that unless he or she cures the breach within five (5) days of the dateof mailing of the notice, the rental agreement shall terminate, and thelandlord shall commence an eviction action in the appropriate district court orhousing court.
(b) If the tenant fails to cure his or her breach by payingthe stipulated rent in arrears within five (5) days of the date of mailing ofthe notice, the landlord may commence an eviction action against the tenant,which shall be filed no earlier than the sixth (6th) day after mailing of thewritten demand notice. The action shall be commenced by filing a "Complaint forEviction for Nonpayment of Rent" in the appropriate court in the form providedin § 34-18-56(d).
(c) The summons for eviction for nonpayment of rent shallspecify the date for hearing and be in the form provided in § 34-18-56(g).The summons shall specify that the defendant may file and serve his or heranswer prior to or at the time of hearing, and that if he or she fails toanswer or appear at the hearing, he or she shall be defaulted.
(d) If the defendant files his or her answer and commencesdiscovery prior to the hearing, and it appears, for good cause shown, that thedefendant will not be able to conduct his or her defense without the benefit ofdiscovery, the court may continue the hearing to allow a reasonable time forthe completion of discovery. In the case of such a continuance, the court may,in its discretion, order interim rent, or other remedy, to be paid to preservethe status quo pending hearing. Except as provided in this chapter, thelandlord may recover possession and actual damages. In cases where the tenanthad received a demand notice pursuant to subsection (a) within the six (6)months immediately preceding the filing of the action, and the tenant'snonpayment was willful, the landlord may also recover a reasonable attorney'sfee.
(e) The tenant shall have the right to cure his or herfailure to pay rent by tendering the full amount of rent prior to commencementof suit. If the tenant has not received a notice pursuant to subsection (a) ofthis section within the six (6) months immediately preceding the filing of theaction, the tenant shall have the right to cure his or her failure to pay rentafter commencement of suit by tendering the full amount of rent in arrears,together with court costs, at the time of hearing.
§ 34-18-35 Eviction for nonpayment ofrent. – (a) If any part of the stipulated rent is due and in arrears for fifteen (15)days, the landlord shall send a written notice, in a form substantially similarto that provided in § 34-18-56(a), specifying the amount of the rent whichis fifteen (15) days in arrears, making demand for the rent, and notifying thetenant that unless he or she cures the breach within five (5) days of the dateof mailing of the notice, the rental agreement shall terminate, and thelandlord shall commence an eviction action in the appropriate district court orhousing court.
(b) If the tenant fails to cure his or her breach by payingthe stipulated rent in arrears within five (5) days of the date of mailing ofthe notice, the landlord may commence an eviction action against the tenant,which shall be filed no earlier than the sixth (6th) day after mailing of thewritten demand notice. The action shall be commenced by filing a "Complaint forEviction for Nonpayment of Rent" in the appropriate court in the form providedin § 34-18-56(d).
(c) The summons for eviction for nonpayment of rent shallspecify the date for hearing and be in the form provided in § 34-18-56(g).The summons shall specify that the defendant may file and serve his or heranswer prior to or at the time of hearing, and that if he or she fails toanswer or appear at the hearing, he or she shall be defaulted.
(d) If the defendant files his or her answer and commencesdiscovery prior to the hearing, and it appears, for good cause shown, that thedefendant will not be able to conduct his or her defense without the benefit ofdiscovery, the court may continue the hearing to allow a reasonable time forthe completion of discovery. In the case of such a continuance, the court may,in its discretion, order interim rent, or other remedy, to be paid to preservethe status quo pending hearing. Except as provided in this chapter, thelandlord may recover possession and actual damages. In cases where the tenanthad received a demand notice pursuant to subsection (a) within the six (6)months immediately preceding the filing of the action, and the tenant'snonpayment was willful, the landlord may also recover a reasonable attorney'sfee.
(e) The tenant shall have the right to cure his or herfailure to pay rent by tendering the full amount of rent prior to commencementof suit. If the tenant has not received a notice pursuant to subsection (a) ofthis section within the six (6) months immediately preceding the filing of theaction, the tenant shall have the right to cure his or her failure to pay rentafter commencement of suit by tendering the full amount of rent in arrears,together with court costs, at the time of hearing.
