§ 4911. Entry or detainer with force; forcible entry prohibited
A person shall not make entry into lands, tenements, or other possessions, except
where entry is given by law; and in such case, not with strong hand nor with multitude
of people, but only in a peaceable manner. A person who violates a provision of this
section shall be fined as hereinafter provided.
§ 4912. Trial of forcible entry and detainer
A district judge may inquire by a jury against those who make unlawful and forcible
entry into lands, tenements, or other possessions and with strong hand detain the
same, and against those who, having made a lawful and peaceable entry into lands and
tenements, unlawfully and by force hold the same. (Amended 1973, No. 249 (Adj. Sess.), § 31, eff. April 9, 1974.)
§ 4913. Restitution
When it is found upon such inquiry that an unlawful and forcible entry has been made,
and that such lands, tenements, or other possessions are held and detained by force
and strong hand or that the same, after a lawful entry, are held unlawfully and with
force, the judge shall cause the party complaining to have restitution thereof. (Amended 1973, No. 249 (Adj. Sess.), § 32, eff. April 9, 1974.)
§ 4914. Complaint and warrant
When a complaint is formally made in writing, to a district judge of such unlawful
or forcible entry or detainer, he or she shall issue a warrant returnable within such
county not less than six business days thereafter, which shall be directed to the
sheriff, commanding such officer to apprehend the person against whom such complaint
is made and bring him or her before the district judge having jurisdiction. (Amended 1973, No. 249 (Adj. Sess.), § 33, eff. April 9, 1974; 2017, No. 11, § 20.)
§ 4915. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 4916. Verdict of guilty, restitution ordered when; fine
When the jury finds the person against whom the complaint is made guilty of such forcible
entry or detainer, the district judge shall enter up judgment for the complainant
to have restitution of the premises, and impose such fine, not exceeding $10.00, as
he or she thinks just. The judge shall tax costs for the complainant, and may commit
the person against whom the judgment is rendered until the fine and costs are paid,
and shall also award his or her writ of restitution. (Amended 1973, No. 249 (Adj. Sess.), § 34, eff. April 9, 1974.)
§ 4917. Costs; verdict guilty
In his or her writ of restitution, the district judge may order the costs taxed to
be levied. (Amended 1973, No. 249 (Adj. Sess.), § 35, eff. April 9, 1974.)
§ 4918. Costs; verdict not guilty
When the jury finds that the person complained against is not guilty, the district
judge shall tax costs against the complainant, and issue execution accordingly. Costs
shall not be taxed against such complainant when the party complained against does
not appear at the trial. (Amended 1973, No. 249 (Adj. Sess.), § 36, eff. April 9, 1974.)
§ 4919. Proceedings when respondent cannot be found
When the sheriff or his or her deputy cannot find the party against whom the warrant
is issued, six business days before the time appointed for returning the same, he
or she may leave a true and attested copy thereof at the usual place of abode of such
person. If, at the return of the warrant, he or she cannot find or apprehend the person
against whom it issued, he or she shall make a return of such fact of the time he
or she so left a copy. If the party complained against does not appear at the time
appointed for trial, a district judge, in his or her discretion, may adjourn or proceed
with the case, but shall not impose a fine at such hearing. (Amended 1973, No. 249 (Adj. Sess.), § 37, eff. April 9, 1974; 2017, No. 11, § 21.)
§ 4920. Trespass for treble damages
The complainant in an action for forcible entry and detainer, who recovers against
the person complained of, may recover treble damages, with costs of suit, by an action
for trespass against the offender.
§ 4921. Entry or detainer without force—complaint; trial; writ of restitution
When a person wrongfully and without force obtains or continues in possession of lands
or tenements, and does not quit such possession after demand made in writing for the
delivery of the possession thereof by the person entitled to such possession or his
or her agent or attorney, upon complaint thereof in writing to a district judge, the
judge shall hear and determine the same as in cases of forcible entry and detainer,
and issue a writ of restitution accordingly. (Amended 1973, No. 249 (Adj. Sess.), § 38, eff. April 9, 1974.)
§ 4922. Mode of original process; no fine
As in civil causes, the original process in such proceeding shall be by summons or
attachment, and the person complained against shall not be fined.
§ 4923. Action of trespass to recover damages
The complainant who recovers against the person complained of in an action of entry
and detainer commenced under the provisions of section 4921 of this title may recover treble damages from the time of notice given to quit the premises. Up
to the time of such notice, actual damages only are recoverable in an action for trespass
against the offender.
§ 4924. Exceptions
Section 4921 of this title shall not apply where a person, with or without force, holds over lands or tenements
after the determination of the time for which the same were leased or demised, by
a written lease or agreement accepted by the tenant or to a person holding under the
lessee.
§ 4925. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 4926. Limitation of action
An action shall not be maintained under this chapter against a person who has continued
in possession three years after the determination of the time for which the premises
are demised or let to him or her or those under whom he or she claims, or against
a person who for three years has had continuous, uninterrupted, and peaceable possession
of lands, tenements, or other possessions.