70-27-210. Relief against forfeiture of lease in case of hardship.
70-27-210. Relief against forfeiture of lease in case of hardship. (1) The court may relieve a tenant against a forfeiture of a lease and restore the tenant to the tenant's former estate in the case of hardship when application for relief is made within 30 days after the forfeiture is declared by the judgment of the court, as provided in 70-27-205.
(2) The application may be made by a tenant or subtenant or mortgagee of the term or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which relief is sought, and must be verified by the applicant.
(3) Notice of the application with a copy of the petition must be served on the plaintiff in the judgment, who may appear and contest the application.
(4) The application may not be granted except on condition that full payment of rent due or full performance of conditions or covenants stipulated, as far as is practicable, is made.
History: En. Sec. 2099, C. Civ. Proc. 1895; re-en. Sec. 7288, Rev. C. 1907; re-en. Sec. 9906, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1179; re-en. Sec. 9906, R.C.M. 1935; R.C.M. 1947, 93-9720; amd. Sec. 2199, Ch. 56, L. 2009.