55-248.35 - Remedy after termination.
§ 55-248.35. Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim forpossession and for rent and a separate claim for actual damages for breach ofthe rental agreement, reasonable attorney's fees as provided in § 55-248.31,and the cost of service of any notice under § 55-225 or § 55-248.31 orprocess by a sheriff or private process server which cost shall not exceedthe amount authorized by § 55-248.31:1, which claims may be enforced, withoutlimitation, by the institution of an action for unlawful entry or detainer.Actual damages for breach of the rental agreement may include a claim forsuch rent as would have accrued until the expiration of the term thereof oruntil a tenancy pursuant to a new rental agreement commences, whichever firstoccurs; provided that nothing herein contained shall diminish the duty of thelandlord to mitigate actual damages for breach of the rental agreement. Inobtaining post-possession judgments for actual damages as defined herein, thelandlord shall not seek a judgment for accelerated rent through the end ofthe term of the tenancy.
In any unlawful detainer action brought by the landlord, this section shallnot be construed to prevent the landlord from being granted by the court asimultaneous judgment for money due and for possession of the premiseswithout a credit for any security deposit. Upon the tenant vacating thepremises either voluntarily or by a writ of possession, security depositsshall be credited to the tenants' account by the landlord in accordance withthe requirements of § 55-248.15:1.
(1974, c. 680; 1981, c. 539; 1988, c. 68; 1989, c. 383; 1996, c. 326; 2000,c. 760; 2001, c. 524.)