70-27-108. Unlawful detainer defined. A tenant of real property or a mining claim for a term less than life is guilty of unlawful detainer:

(1) when the tenant continues in possession, in person or by subtenant, of the property or any part of the property after the expiration of the term for which it is let to the tenant without the permission of the landlord or the successor in estate of the landlord, if any, but in case of a tenancy at will, it must first be terminated by notice, as prescribed in 70-27-104;

(2) when the tenant continues in possession, in person or by subtenant, without permission of the landlord or the successor in estate of the landlord, if any, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and 3 days' notice in writing requiring its payment, stating the amount that is due, or possession of the property has been served upon the tenant and, if there is a subtenant in actual occupation of the premises, also upon the subtenant. The notice may be served at any time within 1 year after the rent becomes due. In all cases of tenancy upon agricultural lands when the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if any, the tenant is considered to be holding by permission of the landlord or the successor in estate of the landlord and is entitled to hold under the terms of the lease for another full year and may not be guilty of an unlawful detainer during the year, and the holding over must be taken and construed as a consent on the part of a tenant to hold for another year.

(3) when the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, other than for the payment of rent, and 3 days' notice in writing requiring the performance of conditions or covenants or the possession of the property has been served upon the tenant and, if there is a subtenant in actual occupation of the premises, also upon the subtenant. Within 3 days after the serving of the notice, the tenant or any subtenant in actual occupation of the premises or any mortgagee of the term or other person interested in its continuance may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and save the lease from forfeiture. If the covenants and conditions of the lease violated by the lessee cannot afterward be performed, then notice, as prescribed in this subsection, need not be given to the lessee or the subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter to obtain possession of the premises let to an undertenant in case of the undertenant's unlawful detention of the premises. Any tenant or subtenant assigning or subletting or committing waste upon the demised premises contrary to the covenants of the lease thereby terminates the lease, and the landlord or the landlord's successor in estate, upon service of 3 days' notice to quit upon the person or persons in possession, is entitled to restitution of possession of the demised premises under the provisions of this chapter.

History: En. Sec. 658, p. 174, Bannack Stat.; re-en. Sec. 647, p. 165, Cod. Stat. 1871; re-en. Sec. 707, 1st Div. Rev. Stat. 1879; re-en. Sec. 727, 1st Div. Comp. Stat. 1887; en. Sec. 2082, C. Civ. Proc. 1895; re-en. Sec. 7271, Rev. C. 1907; re-en. Sec. 9889, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1161; re-en. Sec. 9889, R.C.M. 1935; R.C.M. 1947, 93-9703; amd. Sec. 2192, Ch. 56, L. 2009.