43.1405 Grounds for summary recovery of possession.

Cite as [A.S.C.A. § 43.1405]

The person entitled to any premises may recover possession of the premises by summary proceedings in the following cases:

(1) whenever a person holds over any premises, after failing or refusing to pay rent due under the lease or agreement by which lie holds after 7 days from the service of a written demand for possession for nonpayment of the rent due for the purpose of this provision, “rent due” does not include accelerated indebtedness by reason of a breach of the lease under which the premises are held; or

(2) whenever a person holds over any premises in either of the following circumstances:

(A) after termination of the lease, pursuant to a power to terminate provided in the lease or implied by law; or

(B) after the term for which the premises are demised to him or to the person under whom he holds; or

(3) whenever the person in possession willfully or negligently causes a serious and continuing health hazard to exist on the premises, or causes extensive and continuing physical injury to the premises and when the person in possession neglects or refuses for 7 days after service of a demand for possession of the premises or to substantially restore or repair the premises; or

(4) whenever a person takes possession of premises by means of a forcible entry, holds possession of premises by force after a peaceable entry or comes into possession of premises by trespass without color of title or other possessory interest.

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