HARRY HUGHES, Governor
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DAMAGES MENTIONED IN THE JUDGMENT, AND SUCH OTHER DAMAGES AS
SHALL BE INCURRED AND SUSTAINED BY REASON OF THE APPEAL.
THE BOND SHALL NOT AFFECT IN ANY MANNER THE RIGHT OF THE
PARK OWNER TO PROCEED AGAINST THE RESIDENT, ASSIGNEE, OR
SUBTENANT FOR ANY AND ALL RENTS THAT MAY BECOME DUE AND
PAYABLE TO THE PARK OWNER AFTER THE RENDITION OF THE
JUDGMENT.
8A-1702.
(A) (1) A RESIDENT UNDER ANY LEASE OR SOMEONE HOLDING
UNDER HIM, WHO SHALL UNLAWFULLY HOLD OVER BEYOND THE
TERMINATION OF THE RENTAL AGREEMENT, SHALL BE LIABLE TO THE
PARK OWNER FOR THE ACTUAL DAMAGES CAUSED BY THE HOLDING
OVER.
(2) THE DAMAGES AWARDED TO A PARK OWNER AGAINST
THE RESIDENT OR SOMEONE HOLDING UNDER HIM, MAY NOT BE LESS
THAN THE APPORTIONED RENT FOR THE PERIOD OF HOLDOVER AT THE
RATE UNDER THE RENTAL AGREEMENT.
(3) ANY ACTION TO RECOVER DAMAGES UNDER THIS
SECTION MAY BE BROUGHT BY SUIT SEPARATE FROM THE EVICTION OR
REMOVAL PROCEEDING OR IN THE SAME ACTION AND IN ANY COURT
HAVING JURISDICTION OVER THE AMOUNT IN ISSUE.
(4) NOTHING CONTAINED HEREIN IS INTENDED TO LIMIT
ANY OTHER REMEDIES WHICH A PARK OWNER MAY HAVE AGAINST A
HOLDOVER RESIDENT UNDER THE RENTAL AGREEMENT OR UNDER
APPLICABLE LAW.
(B) (1) WHERE ANY INTEREST IN PROPERTY SHALL BE LEASED
FOR ANY DEFINITE TERM OR AT WILL, AND THE PARK OWNER SHALL
DESIRE TO REPOSSESS THE PROPERTY AFTER THE EXPIRATION OF THE
TERM FOR WHICH IT WAS LEASED AND SHALL GIVE NOTICE IN
WRITING 1 MONTH BEFORE THE EXPIRATION OF THE TERM OR
DETERMINATION OF THE WILL TO THE RESIDENT OR TO THE PERSON
ACTUALLY IN POSSESSION OF THE PROPERTY TO REMOVE FROM THE
PROPERTY AT THE END OF THE TERM, AND IF THE RESIDENT OR
PERSON IN ACTUAL POSSESSION SHALL REFUSE TO COMPLY, THE PARK
OWNER MAY MAKE COMPLAINT IN WRITING TO THE DISTRICT COURT OF
THE COUNTY WHERE THE PROPERTY IS LOCATED. THE COURT SHALL
ISSUE ITS SUMMONS TO THE RESIDENT OR PERSON IN POSSESSION
THAT HE APPEAR ON A DAY STATED IN THE SUMMONS BEFORE THE
COURT TO SHOW CAUSE (IF ANY HE HAVE) WHY RESTITUTION OF THE
POSSESSION OF THE ESTATE LEASED SHOULD NOT BE MADE TO THE
PARK OWNER. UPON THE FAILURE OF EITHER OF THE PARTIES TO
APPEAR BEFORE THE COURT ON THE DAY STATED IN THE SUMMONS,
THE COURT MAY CONTINUE THE CASE TO A DAY NOT LESS THAN 6 NOR
MORE THAN 10 DAYS AFTER THE DAY FIRST STATED AND NOTIFY THE
PARTIES OF THE CONTINUANCE.
(2) IF UPON HEARING THE PARTIES, OR IN CASE THE
RESIDENT OR PERSON IN POSSESSION SHALL NEGLECT TO APPEAR
AFTER THE SUMMONS AND CONTINUANCE THE COURT SHALL FIND THAT
THE PARK OWNER HAD BEEN IN POSSESSION OF THE LEASED
PROPERTY, THAT THE SAID LEASE OR ESTATE IS FULLY ENDED AND
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