Filing a Claim:
To regain possession of your premises you must first serve the tenant with a Demand for Possession for Non-Payment of Rent (7-day notice) or a Notice to Quit for Termination of Tenancy (30-day notice).
Important Points to consider:- If you want to evict the tenant, you need to serve them with a Notice to Quit Termination of Tenancy.
- If you want the tenant to pay the rent and stay or be evicted, you need to serve them with a Demand for Possession for Non-Payment of Rent.
The Demand for Possession for Non-Payment of Rent requires notice of at least seven (7) days. The Notice to Quit for Termination of Tenancy requires notice equal to the payment schedule determined by the rental agreement (weekly, bi-weekly, monthly).
To file a Landlord/Tenant suit, after the time given in the Demand or Notice to Quit has elapsed, you should bring to court the following:- Original plus three copies of the Demand or Notice with proof of service (bottom of page) completed, signed and notarized.
- Four copies of any existing lease agreement.
- Complaint completely filled out and signed. (Non-carbonized forms, you must provide the original plus three copies)
- Summons filled out with both party names and addresses. (non-carbonized forms you must provide the original plus three 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.
| FILING FEES | ||||
| POSSESSION ONLY | $45.00 | |||
| POSSESSION & RENT UNDER $600 | $70.00 | |||
| POSSESSION & RENT FROM $601-$1,750 | $90.00 | |||
| POSSESSION & RENT FROM $1,751-$10,000 | $110.00 | |||
| POSSESSION & RENT FROM $10,001-$25,000 | $195.00 | |||
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 more information on Landlord Tenant court procedures see the State Court Administrators office Self help section SCAO Self help