12-1173. Definition of forcible detainer; substitution of parties; rules; applicability

A. There is a forcible detainer if:

1. A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by the landlord.

2. The tenant of a person who has made a forcible entry refuses for five days after written demand to give possession to the person on whose possession the forcible entry was made.

3. A person who has made a forcible entry on the possession of one who acquired such possession by forcible entry:

(a) Refuses for five days after written demand to give possession to the person on whose possession the first forcible entry was made; or

(b) Refuses after a reasonable request to leave and to give possession to the person on whose possession the first forcible entry was made if all of the following apply:

(i) The requesting person is the property owner or the property owner's authorized agent.

(ii) The property includes a residential dwelling or is being used for residential purposes.

(iii) An unauthorized person is unlawfully occupying the property.

(iv) The property owner has directed the unauthorized person to leave.

(v) The property was not open to the public at the time the unauthorized person entered the property.

(vi) The unauthorized person is not a current or former tenant at that property.

(vii) The unauthorized person did not have a prior verbal or written agreement to cohabitate with the property owner in that residential dwelling.

(viii) The unauthorized person is not an immediate family member of the property owner.

(ix) There is no litigation pending between the property owner and the unauthorized person.

4. A person who has made a forcible entry on the possession of a tenant for a term refuses to deliver possession to the landlord for five days after written demand, after the term expires. If the term expires while a writ of forcible entry applied for by the tenant is pending, the landlord, at his own cost and for his own benefit, may prosecute it in the name of the tenant.

B. The supreme court shall adopt rules to allow for the expeditious resolution of claims consistent with this section. For a forcible detainer action brought pursuant subsection A, paragraph 3, subdivision (b) of this section against an unauthorized person, a writ of restitution shall be issued immediately after the court signs any judgment against the unauthorized person.

C. This section does not apply to or modify the rights and remedies available to landlords and tenants pursuant to title 33, chapter 10.