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Filing
a Landlord Tenant Suit
To regain
possession of your premises you must first serve the tenant with an initial
notice, for either:
- Non-payment
of rent or
- Termination
of Tenancy
- any other
type notice as permitted by law
IMPORTANT POINTS
TO CONSIDER: If you want to give the tenant an option "if they pay, they
can stay", then serve the "DEMAND FOR POSSESSION NON-PAYMENT OF RENT". If
you want the tenant to move out, then serve the "NOTICE TO QUIT FOR TERMINATION
OF TENANCY".
After serving
the notice for "NON-PAYMENT OF RENT", the tenant has seven (7) days to
pay or move out.
After serving
the "TERMINATION OF TENANCY" notice, the tenant has time equal to the
payment schedule determined by the rental agreement [ie. Weekly (7 days),
bi-weekly (14 days), monthly (30 days)] to move out. If you have no lease/rental
agreement, the "TERMINATION OF TENANCY" notice is a 30 day notice.
The Landlord
may serve either of the above notices. Please note that the above notices
CAN NOT be posted to a door. The notice must be handed to the tenant or
handed to a household member of legal age (18 or older). It can also be
served by first class mail. The notice should not be served by certified
mail, as the tenant can refuse to sign for the mailing. If the notice
is served by first class mail or by substitute service (handing to a household
member of legal age), then the court adds one additional day for the tenant
to pay or move out.
If the
tenant pays or moves, then the landlord does not need to file anything
with the court.
After
the time has elapsed in the "NOTICE TO QUIT" or "DEMAND FOR POSSESSION",
you should file a case and bring with you to the court:
For
one tenant:
- Three
(3) copies of the NOTICE TO QUIT with proof of service (bottom of page)
completed (signed and notarized - the court can notarize for you if
the clerks actually witness your signature)
- Three
(3) copies of any existing lease or rental agreement
- One (1)
Carbon pack Summons form partially filled out (court will set date)
- One (1)
Carbon pack Complaint form completed
- One (1)
envelope stamped and addressed to the defendant (tenant) with enough
postage to bear the weight of the pleadings. (This includes a copy of
the notice to quit, the lease, the complaint and the summons).
- Appropriate
filing fee for court (see below)
For
two tenants:
- Five (5)
copies of the NOTICE TO QUIT with proof of service (bottom of page)
completed (signed and notarized - the court can notarize for you if
the clerks actually witness your signature)
- Five (5)
copies of any existing lease or rental agreement
- Two (2)
Carbon pack Summons forms partially filled out (court will set date)
- please list both defendants on each form
- Two (2)
Carbon pack Complaint forms completed - please list both defendants
on each form
- Two (2)
envelopes, one addressed to each defendant, stamped with enough postage
to bear the weight of the pleadings. (This includes a copy of the notice
to quit, the lease, the complaint and the summons).
- Appropriate
filing fee for court (see below)
Filing Fee:
Make check or money order payable to 52-1 District Court
$45.00 for possession only
$70.00 filing for money judgment $0 - $600
$90.00 filing for money judgment $600 - $1750
$110.00 filing for money judgment over $1750 - $10,000
$195.00 filing for money judgment over $10,000 - $25,000
At the bottom
of the Complaint form is a section called Supplemental Damages. This is
a separate suit, requiring an additional filing fee (stated above as money
judgment) and personal or substitute service. If the paperwork is posted
by a court officer and you have filed for supplemental damages, you will
only be granted the money judgment if the defendant appears for the court
date.
Keep
in mind that a court officer bonded through this court must serve your
Order of Eviction/Writ of Restitution.
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