What is a residential landlord or tenant action and who can file? A residential landlord/tenant action applies to the rental of non-commercial dwelling units and is an action filed by a landlord against a tenant, or by a tenant against a landlord, concerning common disputes such as payment of rent, non-compliance, or breach of a lease or rental agreement. A landlord (the owner or lessor of a dwelling) or a tenant (a person entitled to occupy a dwelling unit under a rental agreement) may file a residential landlord/tenant action. If commercial, agricultural or personal property is at issue, the plaintiff should contact an attorney for the proper procedures to resolve those disputes. What steps must be taken before an eviction can be filed? Before the plaintiff can file a residential landlord/tenant action, proper written notice must first be given to the landlord or the tenant. The form of the notice will depend on the landlord or s reason for terminating the lease. After proper written notice, what are the next steps? The plaintiff must file a petition and request the Clerk to issue a summons, and deliver the summons to the Sheriff or a private process server for service. The following documents should be filed: 1. Petition: original and two copies (original goes in file, one copy for service, and one copy for mailing from the s office; for each additional defendant, add two copies) 2. Summons: original and three for one defendant (same amount for each additional defendant) 3. Lease Agreement: three copies (one for the file; one for service; and one for mailing; two additional copies for each additional defendant) 4. Notice: three copies (one for the file, one for service; and one for mailing; two additional copies for each additional defendant) 5. A stamped envelope, addressed to the tenant. When will I go to court? The defendant will have a specific period of time in which to respond, depending on the type of summons issued. If a response is filed and/or moneys deposited into the court registry, the file will be sent to the judge for further action. If no response is received or no money is deposited in the court registry, the plaintiff may file a Motion for Default with the Monroe County Clerk s Office. What happens when a final judgment is entered? If the Court enters a Final Judgment against the party in default and the Final Judgment is for eviction, the plaintiff may ask the Clerk to issue a Writ of Possession. This must be served by the Clerk's Office. |
Landlord / Tenant |