(d) If the defendant files his or her answer and commences discovery prior to the hearing,
and it appears, for good cause shown, that the defendant will not be able to conduct
his or her defense without the benefit of discovery, the court may continue the hearing
to allow a reasonable time for the completion of discovery. In the case of such a
continuance, the court may, in its discretion, order interim rent, or other remedy,
to be paid to preserve the status quo pending hearing. Except as provided in this
chapter, the landlord may recover possession and actual damages. In cases where the
tenant had received a demand notice pursuant to subsection (a) within the six (6)
months immediately preceding the filing of the action, and the tenant’s nonpayment
was willful, the landlord may also recover a reasonable attorney’s fee.
(e) The tenant shall have the right to cure his or her failure to pay rent by tendering
the full amount of rent prior to commencement of suit. If the tenant has not received
a notice pursuant to subsection (a) of this section within the six (6) months immediately
preceding the filing of the action, the tenant shall have the right to cure his or
her failure to pay rent after commencement of suit by tendering the full amount of
rent in arrears, together with court costs, at the time of hearing.
History of Section.
P.L. 1986, ch. 200, § 2.