43.1412 Judgment for possession-Entry-Enforcement by writ of restitution-Determination of amount payable to preclude issuance of writ-Costs.

Cite as [A.S.C.A. § 43.1412]

If the court finds that the plaintiff is entitled to possession of the premises, or part of the premises, judgment may be entered in accordance with the finding and may be enforced by a writ of restitution. If it is found that the plaintiff is entitled to possession of the premises, in consequence of the nonpayment of money due under a tenancy, the court determines the amount due or in arrears at the time of trial and states that amount in the judgment for possession. In determining the amount due under a tenancy the court deducts that portion of the rent which it finds to be excused by the plaintiffs breach of the lease. The statement in the judgment for possession is for the sole purpose of prescribing the amount which, together with taxed costs, is to be paid to preclude issuance of the writ of restitution. The judgment may include an award of costs, enforceable in the same manner as other civil judgments for money in the same court.

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