Actions which must be tried where subject matter situated.

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An action for the following causes must be tried in the county in which the subject of the action or some part of the property is situated, subject to the power of the court to change the place of trial in certain cases as provided in Section 15-7-100:

(1) for the recovery of real property or of an estate or interest in real property, for the determination in any form of the right or interest, and for injuries to real property;

(2) for the partition of real property;

(3) for the foreclosure of a mortgage of real property;

(4) for the recovery of personal property distrained for any cause; and

(5) for all matters between landlord and tenant pursuant to Chapters 33 through 40 of Title 27 including, but not limited to, an action for (a) possession of land, (b) payment or collection of rent including collection of rent by distraint on a tenant's property, or (c) damage to or destruction of rental property.

HISTORY: 1962 Code Section 10-301; 1952 Code Section 10-301; 1942 Code Section 420; 1932 Code Section 420; Civ. P. '22 Section 376; Civ. P. '12 Section 172; Civ. P. '02 Section 144; 1870 (14) 453 Section 146; 1887 (19) 835; 1894 (21) 793; 2006 Act No. 354, Section 1, eff June 9, 2006.

Effect of Amendment

The 2006 amendment added item (5) relating to matters between landlord and tenant.


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