Grounds for recovery of possession; proof and defenses

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  • (a) No action shall be maintained to recover the possession of rented premises in the Virgin Islands, except upon the ground that—

    • (1) the owner seeks, in good faith, to recover possession of the premises for his own personal use;

    • (2) the owner desires, in good faith, to recover possession of the premises for the purpose of demolishing them with the intention of constructing a new building, plans for which have been completed and the owner is actually ready to construct same;

    • (3) the tenant maintains a nuisance on the premises, causes and permits unreasonable damage to the premises, or repeatedly engages in or permits serious misconduct on the premises; or

    • (4) the tenant refuses or fails to pay the rent due on the premises.

  • (b) No action to recover possession for nonpayment of rent shall be maintainable unless the landlord proves that the rent is no greater than the amount for which the tenant is liable for the month preceding the default. Nothing in clause (4) of subsection (a) of this section or this subsection shall preclude the tenant from interposing the defense that the rent claimed or contracted is unjust and unreasonable and that the agreement under which the action is brought is oppressive and violative of the provisions of this subchapter.


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