Landlord Tenant matters follow the same set of court rules as general civil matters and require the same burden of proof. However, landlord-tenant cases follow much different timelines than general civil or small claims cases.
Filing a Claim:
Based on the outcome you want you have two options:
- If you want the tenant to pay the rent and stay or be evicted:
- Serve them with a Demand for Possession for Non-Payment of Rent (DC100a).
- Requires notice of at least seven (7) days.
- If you want to evict the tenant:
- Serve them with a Notice to Quit Termination of Tenancy (DC100c).
- Requires notice equal to the payment schedule determined by the rental agreement.
- The Original form (DC100c or DC100a) plus three copies with proof of service (bottom of page) completed, signed and notarized.
- Four copies of any existing lease agreements.
- Complaint completely filled out and signed. (Non-carbonized forms, you must provide four copies). You will be charged if the court has to make copies.
- Summons filled out with both party names and addresses. (non-carbonized forms you must provide five copies)
- An envelope addressed to each defendant (tenant) with enough postage to bear the weight of the pleadings (which includes copies of all the above) and a self-addressed, stamped envelope to yourself.
- Filing fee, you will be billed later by the court officer for service.
If there is more than one defendant (tenant) on a case, you must provide a set of the above papers for each defendant.
The owner of the property or his/her attorney must appear in court at the time of the hearing. If you have any questions regarding the legal aspects of your case, please consult an attorney or contact the court for Legal Aid telephone numbers.
For all Fees related to landlord-tenant see the Civil Fees Page.
For more information on Landlord Tenant court procedures see the State Court Administators office Self help section SCAO Self help.