§ 18-17-704 — Periodic tenancy - Holdover remedies

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the termination date specified in the notice. (c) (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. (2) If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. (3) If the tenant's holdover is a willful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three (3) months periodic rent or twice the actual damages sustained by him or her, whichever is greater and reasonable attorney's fees. (4) If the landlord consents to the tenant's continued occupancy, § 18-17-401(c) applies.

Legislative History

Acts 2007, No. 1004, § 1.