3 Day Notice to Pay Rent or Lease Terminated for Residential Property
Title 6, Chap. 3, §6-303 -- UNLAWFUL DETAINER DEFINED.
A tenant of real property, for a term less
than life, is guilty of an unlawful detainer:
1. When he continues in possession,
in person or by subtenant, of the property, or any part thereof, after
the expiration of the term for which it is let to him, without the
permission of his landlord, or the successor in estate of his landlord,
if any there be; but in case of a tenancy at will, it must first be terminated
by notice, as prescribed in the Civil Code.
2. Where he continues in possession,
in person or by subtenant, without permission of his landlord, or the successor
in estate of his landlord, if any there be, after default in the payment
of rent, pursuant to the lease or agreement under which the
property is held, and three (3) days' notice, in writing, requiring
its payment, stating the amount which is due, or possession of the property,
shall have been served upon him, and if there be a subtenant in actual
occupation of the premises, also upon such subtenant. Such notice may be
served at any time within one (1)year after the rent becomes due. In all
cases of tenancy upon agricultural lands, where the tenant has held over
and retained possession for more than sixty (60) days after the expiration
of his term without any demand of possession or notice to quit by the landlord,
or the successor in estate of his landlord, if any there be, he shall be
deemed to be holding by permission of the landlord, or the successor in
estate of his landlord, if any there be, and shall be entitled to hold
under the terms of the lease for another full year, and shall not be guilty
of an unlawful detainer during said year, and such holding over for the
period aforesaid shall be taken and construed as a consent on the part
of a tenant to hold for another year.
3. Where he continues in possession
in person, or by subtenants, after a neglect or failure to perform other
conditions or covenants of the lease or agreement under which the property
is held, including any covenant not to assign or sublet, than the one for
payment of rent, and three (3) days' notice, in writing, requiring the
performance of such conditions or covenants, or the possession of the property,
shall have been served upon him, and if there be a subtenant in actual
occupation of the premises, also upon such subtenant. Within three (3)
days after the service of the notice, the tenant, or any subtenant in actual
occupation of the premises, or any mortgagee of the term, or other person
interested in its continuance, may perform the conditions or covenants
of the lease, or pay the stipulated rent, as the case may be, and thereby
save the lease from forfeiture: provided, if the covenants and conditions
of the lease, violated by the lessee, can not afterward be performed, then
no notice, as last prescribed herein, need be given to said lessee or his
subtenant demanding the performance of the violated covenant or conditions
of the lease. A tenant may take proceedings similar to those prescribed
in this chapter, to obtain possession of premises let to an undertenant,
in case of his unlawful detention of the premises underlet to him.
4. A tenant or subtenant, assigning
or subletting, or committing waste upon, the demised premises contrary
to the covenants of his lease, thereby terminates the lease, and the landlord,
or his successor in estate, shall, upon service of three (3) days' notice
to quit upon the person or persons in possession, be entitled to restitution
of possession of such demised premises under the provision of this chapter.
