Rule 8 Determination of Amount Payable to Preclude Issuance of Writ of Repossession
Rule Text
(a) If it is found that the plaintiff is entitled to possession of the premises, in consequence of the nonpayment of money due under a tenancy, the court determines the amount due or in arrears at the time of trial and will state that amount in the judgment for repossession.
(b) In determining the amount due under a tenancy, the court deducts, if any, that portion of the rent which it finds to be excused by the plaintiff’s breach of the lease. This amount which, together with taxed costs, is the amount a tenant must pay to plaintiff to preclude issuance of the writ of restitution. The judgment may include an award of costs.
(c) If the defendant pays the amount due under a tenancy calculated under subsection (b) within 10 days of the issuance of a judgment for repossession, a writ of repossession shall not issue.
(d) If the plaintiff is exercising a termination clause contained in a lease that was not affirmatively pled and proven by defendant to be influenced by those circumstances contained in Rule 4 of these rules, or no written lease filed with the Territorial Registrar pursuant to A.S.C.A. § 37.0210 exists, then subsections (a), (b), and (c) of this Rule are inapplicable. HISTORY: Effective June 1, 2012