Guam § 21103 - Unlawful Detainer Defined.

§ 21103. Unlawful Detainer Defined.

A tenant of real property, for a term less than life, is guilty of unlawful

detainer:

(a) When he continues in possession, in person or by subtenant, of

the property, or any part thereof, after the expiration of the term for

which it is let to him, without the permission of his landlord, or the

successor in estate of his landlord, if any there be; including a case

where the person to be removed became the occupant of the premises

as a servant or employee, and the relation of master and servant or

employer and employee has been lawfully terminated, or the time fixed

for such occupancy by the agreement between the parties has expired;

but nothing in this subdivision contained shall be construed as

preventing the removal of such occupant in any other lawful manner;

but in case of a tenancy at will, it must first be terminated by notice, as

prescribed in this Code.

(b) When he continues in possession, in person or by subtenant,

without the permission of his landlord, or the successor in estate of his

landlord, if any there be, after default in the payment of rent, pursuant

to the lease or agreement under which the property is held, and five (5)

days’ notice in writing, requiring its payment, stating the amount which

is due, or possession of the property, shall have been served upon him,

and if there is a subtenant in actual occupation of the premises, also

upon such subtenant.

Such notice may be served at any time within one (1) year after the

rent becomes due. In all cases of tenancy upon agricultural lands, where

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the tenant has held over and retained possession for more than sixty

(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

his landlord, if any there be, he shall be deemed to be holding by

permission of the landlord, or the successor in estate of his landlord, if

any there be, and shall be entitled to hold under the terms of the lease

for another full year, and shall not be guilty of an unlawful detainer

during said year, and such holding over for the period aforesaid shall be

taken and construed as a consent on the part of a tenant to hold for

another year.

(c) When he 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 than the one for the payment of rent,

and three (3) days’ notice, in writing, requiring the performance of such

conditions or covenants, or the possession of the property, shall have

been served upon him, and if there is a subtenant in actual occupation

of the premises, also upon such subtenant. Within three (3) days after

the service 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

thereby save the lease from forfeiture: provided, if the conditions and

covenants of the lease violated by the lessee cannot afterward be

performed, then no notice, as last prescribed herein, need be given to

said lessee or his subtenant, demanding the performance of the violated

conditions or covenants of the lease.

A tenant may take proceedings, similar to those prescribed in this

Chapter, to obtain possession of the premises let to a subtenant in case

of his unlawful detention of the premises underlet to him.

(d) Any tenant or subtenant assigning or subletting or committing

waste upon the demised premises, contrary to the conditions or

covenants of his lease, thereby terminates the lease, and the landlord, or

his successor in estate, shall upon service of five (5) days’ notice to quit

upon the person or persons in possession, be entitled to restitution of

possession of such demised premises under the provision of this

Chapter.

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