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43.1401 Definitions.

Cite as [A.S.C.A. § 43.1401]

As used in this chapter unless the context otherwise requires, the following meanings apply:

(a) “Summary proceedings” means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connection with these proceedings.

(b) “Premises” means lands, tenements, condominium property, cooperative apartments, air rights and all manner of real property. It includes structures, fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage.

(c) “Lease”, means a written or verbal lease or license agreement for use or possession of premises.

History: 1984, PL 18-27 §1, 1986, PL 19-41 § 1.

Case Notes:

Enactment of summary eviction statute did not deprive the Court of its pre-existing general jurisdiction to issue injunctions and declaratory judgments and to award damages. A.S.C.A. § 43.1401 et seq. Diocese of Samoa Pago Pago v. KMST, Inc., 15 A.S.R.2d 20 (1990).

Even if the summary eviction statute was jurisdictional and the demand letter for possession or payment did not comply with the statute, the court properly exercised its general jurisdiction in the absence of prejudice. A.S.C.A. § 43.1401 et seq. Diocese of Samoa Pago Pago v. KMST, Inc., 15 A.S.R.2d 20 (1990).