59.12.170
Judgment —
Execution.
If upon the
trial the
verdict of
the jury or,
if the case
be tried
without a
jury, the
finding of
the court be
in favor of
the
plaintiff
and against
the
defendant,
judgment
shall be
entered for
the
restitution
of the
premises;
and if the
proceeding
be for
unlawful
detainer
after
neglect or
failure to
perform any
condition or
covenant of
a lease or
agreement
under which
the property
is held, or
after
default in
the payment
of rent, the
judgment
shall also
declare the
forfeiture
of the
lease,
agreement or
tenancy. The
jury, or the
court, if
the
proceedings
be tried
without a
jury, shall
also assess
the damages
occasioned
to the
plaintiff by
any forcible
entry, or by
any forcible
or unlawful
detainer,
alleged in
the
complaint
and proved
on the
trial, and,
if the
alleged
unlawful
detainer be
after
default in
the payment
of rent,
find the
amount of
any rent
due, and the
judgment
shall be
rendered
against the
defendant
guilty of
the forcible
entry,
forcible
detainer or
unlawful
detainer for
twice the
amount of
damages thus
assessed and
of the rent,
if any,
found due.
When the
proceeding
is for an
unlawful
detainer
after
default in
the payment
of rent, and
the lease or
agreement
under which
the rent is
payable has
not by its
terms
expired,
execution
upon the
judgment
shall not be
issued until
the
expiration
of five days
after the
entry of the
judgment,
within which
time the
tenant or
any
subtenant,
or any
mortgagee of
the term, or
other party
interested
in its
continuance,
may pay into
court for
the landlord
the amount
of the
judgment and
costs, and
thereupon
the judgment
shall be
satisfied
and the
tenant
restored to
his estate;
but if
payment, as
herein
provided, be
not made
within five
days the
judgment may
be enforced
for its full
amount and
for the
possession
of the
premises. In
all other
cases the
judgment may
be enforced
immediately.
If writ of
restitution
shall have
been
executed
prior to
judgment no
further writ
or execution
for the
premises
shall be
required.
