§ 35-9-100 — When Reasonable Satisfaction May Be Recovered

A reasonable satisfaction may be recovered for the use and occupation of land:
(1) When there has been a demise by deed or by parol, and no specific sum agreed on as rent.
(2) When the defendant has been let into possession upon a supposed sale of the lands, which, from the act of the defendant, has not been consummated.
(3) When the tenant remains on the land by sufferance of the owner. When, after a demise, the tenant, having had 30 days’ previous notice, holds over without the consent of his landlord, he shall pay to such landlord double the value of the customary rent of the property so withheld.
(4) When the defendant has gone in possession of the land unlawfully. The owner of the land has a lien upon the same property of the defendant, and to the same extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced by attachment as provided in section 35-9-61 or section 35-9-34, as may be applicable.
(5) When for any reason the defendant is estopped from disputing the title of the plaintiff as to the use of the land occupied. In no case shall a mere claim or assertion of powers, right or title of the defendant to that of the plaintiff be a defense unless the claim of right or title of the defendant is bona fide.

Legislative History

(Code 1852, §2206; Code 1867, §2607; Code 1876, §2956; Code 1886, §2715; Code 1896, §2722; Code 1907, §4753; Code 1923, §8820; Code 1940, T. 31, §46.)