Landlord Tenant matters follow the same set of court rules as general civil matters, and require the same burden of proof.  However, landlord-tenant follow much different timelines than general civil or small claims cases.

Landlord/tenant matters are initiated with a summons and complaint, just as in a general civil case, but before filing of the summons and complaint the plaintiff must submit notarized proof of mailing or delivery of a “Notice to Quit” or a “Demand for Possession.”  The Notice to Quit must be served at least 30 days prior to the filing of the summons and complaint.  The Demand for Possession requires 7 days prior notice.

A hearing date is scheduled approximately 14 days from the filing of the summons and complaint as required by court rules.

Service of the summons and complaint is similar to that in a general civil case.  However, an “Order for Substituted Service” is not required for posting of the summons if the defendant cannot be served personally, and the plaintiff is not seeking monetary damages.

If the defendant appears in court on the scheduled court date…the parties will appear before the judge unless they reach an agreement to resolve the dispute prior to appearing before the judge.

If the defendant fails to appear… the judge may enter a default judgment on behalf of the plaintiff.

If the plaintiff fails to appear…the judge may then dismiss the case.

If the judge rules in favor of the plaintiff (landlord), he may allow the plaintiff to file a “Writ of Eviction” 10 to 12 days from the hearing date ordering a court officer to remove the defendant’s property from the dwelling in question.