Rule 2 Action for Repossession
Rule Text
(a) A summary repossession action shall be deemed filed with the High Court of American Samoa upon the payment of the required filing fee and the timely filing of a complaint for repossession.
(b) A valid complaint for repossession shall have two exhibits attached thereon: firstly, a copy of the demand letter for repossession or payment in the form outlined in A.S.C.A. § 43.1406, and, secondly, a copy of the lease agreement provided one exists. The complaint will also state:
(1) a reasonably identifiable description of the premises ;
(2) that the defendant is in possession of the premises;
(3) that the defendant
(A) holds the premises in excess of the pertinent lease’s termination or expiration terms;
(B) is in default of the payment of rent 7 days after the service of a written demand letter for repossession for nonpayment of the rent due (however, the rent due cannot include accelerated indebtedness for reason of breach of the lease under which the premises are held);
(C) or any person in possession of the disputed premises, based upon reasonable grounds, is, or has been, engaged in the willful or negligent administration of a serious and continuing health hazard on the disputed premises 7 days after service of a demand letter for repossession of the premises or a demand letter for substantial restoration of disputed premises to pre-hazardous conditions; or
(D) possesses the disputed premises by force after a peaceable entry or came into possession of the premises by trespass without color of title or other possessory interest;
(4) that the defendant was served the demand letter(s) for repossession for violation of lease’s terms, for nonpayment of the rent due, for substantial restoration of disputed premises to pre-hazardous conditions, or for trespass by the method of process outlined in A.S.C.A. § 43.1407; and
(5) that, if applicable, legal damages are attributable to defendant for either wrongful entry, detainer or possession, for breach of the lease or contract under which the disputed premises were held, or for waste or malicious destruction to the premises.
(c) A complaint devoid of the attachments and statements articulated in subsection (b) is subject to dismissal without prejudice at the court’s discretion, if brought by motion, or upon the court’s independent discovery. HISTORY: Effective June 1, 2012