Chapter 21

21 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 1 CHAPTER 21 FORCIBLE ENTRY AND DETAINER § 21101. Forcible Entry Defined. § 21102. Forcible Detainer Defined. § 21103. Unlawful Detainer Defined. § 21104. When Person Holding Over Must Vacate Prope rty. § 21105. Service of Notice. § 21106. In Unlawful Detainer, Tenant Alone May be Made Defendant. § 21107. Parties Generally. § 21108. Complaint Must be Verified. § 21109. Summons, Form and Service of. § 21110. Arrest. § 21111. Judgment by Default. § 21112. Defendant May Appear, etc. § 21113. Showing Required of Plaintiff in Forcible Entry or Detainer. Of Defendant. § 21114. Complaint in Forcible Entry May be Amended . § 21115. Judgment, What it Shall Declare. § 21116. Effect of an Appeal Upon the Judgment. § 21117. Rules of Practice. § 21118. Appeals, How Taken, etc. § 21119. Forfeiture, Relief Against. § 21120. Priority of Proceedings for Recovery of Po ssession. § 21101. Forcible Entry Defined. Every person is guilty of a forcible entry who eith er: (a) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstances of terror enters upon or into any real property; or, (b) Who, after

ible entry who eith er: (a) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstances of terror enters upon or into any real property; or, (b) Who, after entering peaceably upon real propert y, turns out by force, threats, or menacing conduct, the party in p ossession. SOURCE : CCP § 1159. § 21102. Forcible Detainer Defined. Every person is guilty of a forcible detainer who e ither: COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 2 (a) By force, or by menaces and threats of violence , unlawfully holds and keeps the possession of any real property , whether the same was acquired peaceably or otherwise; or (b) Who, in the nighttime, or during the absence of the occupants of any land, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the peri od of five (5) days, refuses to surrender the same to such former occupa nt. The occupant of real property, within the meaning o f this subdivision, is one who, within five (5) days preceding such unlawf ul entry, was in the peaceable and undisturbed possession of such lands. SOURCE: CCP § 1160. § 21103. Unlawful Detainer Defined.

is subdivision, is one who, within five (5) days preceding such unlawf ul entry, was in the peaceable and undisturbed possession of such lands. SOURCE: CCP § 1160. § 21103. Unlawful Detainer Defined. A tenant of real property, for a term less than lif e, is guilty of unlawful detainer: (a) When he continues in possession, in person or b y subtenant, of the property, or any part thereof, after the expira tion of the term for which it is let to him, without the permission of h is landlord, or the successor in estate of his landlord, if any there b e; including a case where the person to be removed became the occupant of the premises as a servant or employee, and the relation of maste r and servant or employer and employee has been lawfully terminated, or the time fixed for such occupancy by the agreement between the par ties has expired; but nothing in this subdivision contained shall be construed as preventing the removal of such occupant in any othe r lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in this Code. (b) When he continues in possession, in person or b y subtenant, without the permission of his landlord, or the succ

enancy at will, it must first be terminated by notice, as prescribed in this Code. (b) When he continues in possession, in person or b y subtenant, without the permission of his landlord, or the succ essor in estate of his landlord, if any there be, after default in the pay ment of rent, pursuant to the lease or agreement under which the property is held, and five (5) days’ notice in writing, requiring its payment, sta ting the amount which is due, or possession of the property, shall have b een served upon him, and if there is a subtenant in actual occupation of the premises, also upon such subtenant. Such notice may be served at any time within one (1 ) year after the rent becomes due. In all cases of tenancy upon agri cultural lands, where COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 3 the tenant has held over and retained possession fo r more than sixty (60) days after the expiration of the term, without any demand of possession or notice to quit by the landlord, or th e successor in estate of his landlord, if any there be, he shall be deemed t o be holding by permission of the landlord, or the successor in est ate of his landlord, if any there be, and

dlord, or th e successor in estate of his landlord, if any there be, he shall be deemed t o be holding by permission of the landlord, or the successor in est ate of his landlord, if any there be, and shall be entitled to hold under t he terms of the lease for another full year, and shall not be guilty of a n unlawful detainer during said year, and such holding over for the per iod aforesaid shall be taken and construed as a consent on the part of a t enant to hold for another year. (c) When he continues in possession, in person or b y subtenant, after a neglect or failure to perform other conditi ons or covenants of the lease or agreement under which the property is held , including any covenant not to assign or sublet than the one for t he payment of rent, and three (3) days’ notice, in writing, requiring t he performance of such conditions or covenants, or the possession of the p roperty, shall have been served upon him, and if there is a subtenant i n actual occupation of the premises, also upon such subtenant. Within t hree (3) days after the service of the notice, the tenant, or any subte nant, in actual occupation of the premises, or any mortgagee of the term, or other

premises, also upon such subtenant. Within t hree (3) days after the service of the notice, the tenant, or any subte nant, in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform t he conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, i f the conditions and covenants of the lease violated by the lessee canno t afterward be performed, then no notice, as last prescribed herei n, need be given to said lessee or his subtenant, demanding the perform ance of the violated conditions or covenants of the lease. A tenant may take proceedings, similar to those pre scribed in this Chapter, to obtain possession of the premises let t o a subtenant in case of his unlawful detention of the premises underlet to him. (d) Any tenant or subtenant assigning or subletting or committing waste upon the demised premises, contrary to the co nditions or covenants of his lease, thereby terminates the leas e, and the landlord, or his successor in estate, shall upon service of five (5) days’ notice to quit upon the person or persons in possession, be

r covenants of his lease, thereby terminates the leas e, and the landlord, or his successor in estate, shall upon service of five (5) days’ notice to quit upon the person or persons in possession, be entitl ed to restitution of possession of such demised premises under the provi sion of this Chapter. COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 4 SOURCE: CCP § 1161. § 21104. When Person Holding Over Must Vacate Prope rty. In either of the following cases, a person who hold s over and continues in the possession of real property, after a three ( 3) day written notice to quit the same shall have been served upon him, or if the re is a subtenant in actual occupation of the premises, also upon such subtenan t as prescribed in § 21105 of this Chapter, may be removed therefrom as prescribed in this Chapter. (a) Where the property has been duly sold by virtue of an execution against him, or a person under whom he cl aims, and the title under the sale has been duly perfected. (b) Where the property has been duly sold upon the foreclosure, by proceedings taken as prescribed in the Code of Civi l Procedure, of a mortgage, and the title under the foreclosure has b een

ected. (b) Where the property has been duly sold upon the foreclosure, by proceedings taken as prescribed in the Code of Civi l Procedure, of a mortgage, and the title under the foreclosure has b een duly perfected. SOURCE: CCP § 1161a. § 21105. Service of Notice. The notices required by the preceding section may b e served, (a) By delivering a copy to the tenant personally; or, (b) If he be absent from his place of residence, an d from his usual place of business, by leaving a copy with some pers on of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or, (c) If such a place of residence and business canno t be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the prope rty, and also delivering a copy to a person there residing, if su ch person can be found; and also sending a copy through the mail add ressed to the tenant at the place where the property is situated. Servic e upon a subtenant may be made in the same manner. SOURCE: CCP § 1162. § 21106. In Unlawful Detainer, Tenant Alone May be Made Defendant.

he tenant at the place where the property is situated. Servic e upon a subtenant may be made in the same manner. SOURCE: CCP § 1162. § 21106. In Unlawful Detainer, Tenant Alone May be Made Defendant. No person, other than the tenant of the premises an d subtenant, if there be one, in actual occupation of the premises when t he complaint is filed need be made party defendant in the proceeding, nor shal l any proceeding abate, COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 5 nor the plaintiff be nonsuited for the nonjoinder o f any person who might have been made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding , is guilty of the offense charged, judgment must be rendered against him. In case a defendant has become a subtenant of the premises in controversy, after the service of the notice provided for by subsection (b) of § 21103 of this Chapter upon the tenant of the premises, the fact that such notice w as not served on such subtenant shall constitute no defense to the action . In case a married woman be a tenant, or a subtenant, her coverture shall co nstitute no defense; but in case her husband be

as not served on such subtenant shall constitute no defense to the action . In case a married woman be a tenant, or a subtenant, her coverture shall co nstitute no defense; but in case her husband be not joined, or unless she be do ing business as a sole trader, an execution issued upon a personal judgmen t against her can only be enforced against property on the premises at the co mmencement of the action. All persons who enter the premises under th e tenant, after the commencement of the suit, shall be bound by the jud gment, the same as if he or they had been made party to the action. SOURCE: CCP § 1164. § 21107. Parties Generally. Except as provided in the preceding section, the pr ovisions of 7 GCA Division 2, beginning with Chapter 10, relating to parties to civil actions, are applicable to this proceeding. SOURCE: CCP § 1165. 2013 NOTE: In the transition from the CCP to the GCA, the te rm Part was replaced with the term Division. § 21108. Complaint Must be Verified. The plaintiff, in his complaint, which shall be ver ified, must set forth the facts on which he seeks to recover, describe th e premises with reasonable certainty, and may set forth therein any circumstan ces of

f, in his complaint, which shall be ver ified, must set forth the facts on which he seeks to recover, describe th e premises with reasonable certainty, and may set forth therein any circumstan ces of fraud, force, or violence which may have accompanied the alleged for cible entry, or forcible or unlawful detainer, and claim damages therefor. I n case the unlawful detainer charged is after default in the payment of rent, the complaint must state the amount of such rent. Upon filing the comp laint, a summons must be issued thereon. SOURCE: CCP § 1166. § 21109. Summons, Form and Service of. COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 6 The summons must require the defendant to appear an d answer within five (5) days after the service of the summons upon him, and must notify him that if he fails to so appear and answer, the p laintiff will apply to the court for the relief demanded in the complaint. In all other respects, the summons, or any alias summons in such proceedings, must be issued, served, and returned in the same manner as summons in a civil action. SOURCE: CCP § 1167. § 21110. Arrest.

n all other respects, the summons, or any alias summons in such proceedings, must be issued, served, and returned in the same manner as summons in a civil action. SOURCE: CCP § 1167. § 21110. Arrest. If the complaint presented establishes, to the sati sfaction of the judge or justice, fraud, force, or violence in the entry or detainer, and that the possession held is unlawful, he may make an order f or the arrest of the defendant. SOURCE: CCP § 1168. § 21111. Judgment by Default. If, at the time appointed, the defendant does not a ppear and defend, the court must enter his default and must not render ju dgment in favor of the plaintiff, as prayed for in the complaint, without first hearing the proofs of the plaintiff. SOURCE: CCP § 1169. § 21112. Defendant May Appear, etc. On or before the day fixed for his appearance, the defendant may appear and answer or demur. SOURCE: CCP § 1170. § 21113. Showing Required of Plaintiff in Forcible Entry or Detainer. Of Defendant. On the trial of any proceeding for an y forcible entry or forcible detainer, the plaintiff shall only be requ ired to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in

proceeding for an y forcible entry or forcible detainer, the plaintiff shall only be requ ired to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcibl e entry, or was entitled to the possession at the time of the forcible detainer . The defendant may show in his defense that he or his ancestors, or those w hose interest in such premises he claims, have been in the quiet possessi on thereof for the space of one (1) whole year together next before the comm encement of the proceedings, and that his interest therein is not t hen ended or determined; and such showing is a bar to the proceedings. COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 7 SOURCE: CCP § 1172. § 21114. Complaint in Forcible Entry May be Amended . When, upon the trial of any proceeding under this C hapter, it appears from the evidence that the defendant has been guilt y of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made

orcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permit ted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor. SOURCE: CCP § 1173. § 21115. Judgment, What it Shall Declare. If, upon the trial, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entere d for the restitution of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants of t he lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement, if the notice required by § 21103 of this Chapter states t he election of the landlord to declare the forfeiture thereof, but if such noti ce does not so state such election, the lease or agreement shall not be forfe ited.

by § 21103 of this Chapter states t he election of the landlord to declare the forfeiture thereof, but if such noti ce does not so state such election, the lease or agreement shall not be forfe ited. The court shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amo unt of any rent due, if the alleged unlawful detainer be after default in the p ayment of rent. Judgment against the defendant guilty of the forcible entry, or forcible or unlawful detainer may be entered in the discretion of the co urt either for the amount of the damages and rent found due, or for three (3) ti mes the amount so found. SOURCE: CCP § 1174. 2013 NOTE: In the transition from the CCP to the GCA, the se ction numbers were replaced to reflect the title. § 21116. Effect of an Appeal Upon the Judgment. An appeal taken by the defendant shall not stay pro ceedings upon the judgment unless the judge or justice before whom th e same was rendered so directs. COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 8 SOURCE: CCP § 1176. § 21117. Rules of Practice.

judgment unless the judge or justice before whom th e same was rendered so directs. COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 8 SOURCE: CCP § 1176. § 21117. Rules of Practice. Except as otherwise provided in this Chapter, the p rovisions of Division 2 of Title 7, Guam Code Annotated are applicable to and constitute the rules of practice in the proceedings mentioned in this Ch apter. SOURCE: CCP § 1177. 2013 NOTE: In the transition from the CCP to the GCA, the te rm Part was replaced with the term Division. § 21118. Appeals, How Taken, Etc. The provisions of 7 GCA Division 2 commencing with Chapter 10, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this Chapter, apply to the procee dings mentioned in this Chapter. SOURCE: CCP § 1178. 2013 NOTE: In the transition from the CCP to the GCA, the te rm Part was replaced with the term Division. § 21119. Forfeiture, Relief Against. The court may relieve a tenant against a forfeiture of a lease, and restore him to his former estate, in case of hardship, wher e application for such relief is made within thirty (30) days after the fo rfeiture is declared by the

against a forfeiture of a lease, and restore him to his former estate, in case of hardship, wher e application for such relief is made within thirty (30) days after the fo rfeiture is declared by the judgment of the court, as provided in § 21115. The application may be made by a tenant or subtenant, or a mortgagee of the ter m, or any person interested in the continuance of the term. It must be made upo n petition, setting forth the facts upon which the relief is sought, and be v erified by the applicant. Notice of the application, with a copy of the petit ion, must be served on the plaintiff in the judgment, who may appear and conte st the application. In no case shall the application be granted except on con dition that full payment of rent due, or full performance of conditions or cove nants stipulated, so far as the same is practicable, be made. SOURCE: CCP § 1179. § 21120. Priority of Proceedings for Recovery of Po ssession. In all proceedings brought to recover the possessio n of real property pursuant to the provisions of this Chapter, all cou rts, wherein such actions are or may hereafter be pending, shall give such ac tions precedence over all other civil actions therein,

real property pursuant to the provisions of this Chapter, all cou rts, wherein such actions are or may hereafter be pending, shall give such ac tions precedence over all other civil actions therein, except actions to whic h special precedence is COL37201421 GCA REAL PROPERTY CH. 21 FORCIBLE ENTRY AND DETAINER 9 given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined. SOURCE: CCP § 1179a. -------- COL372014