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By: Robert J. Jellen

The courts are open once again to hear eviction cases.  Landlords that have been unable collect rent or evict delinquent tenants are now able to move forward with eviction proceedings.  Navigating the process of pursuing eviction can seem overwhelming and costly.  Luckily, in this series of blogs, we will address the process of eviction, required notices, common pitfalls that befall landlords, and the pros and cons of pursing back owed rent.

First, it is important to understand the concept of eviction.  At the beginning of a landlord/tenant relationship, both parties will generally sign a lease, outlining terms for monthly rent and restrictions on the tenants’ rights with regard to the property.  So long as the tenant is acting in accordance with the terms of the lease, the tenant has a right to peacefully occupy the premises for the duration of the term of the lease.  It is when the tenant begins to act outside the terms of the lease that the landlord can seek termination of the lease and pursue an eviction.  This includes non-payment of rent.  Essentially, when filing a cause of action for eviction, the landlord is seeking the court to find that the tenant is acting against the terms of the lease and order the tenant to vacate the premises.  In order to obtain this judgment, a landlord will need to follow a specific process, including providing notice of the tenant’s breach of lease, filing a complaint, serving the complaint, appearing in court, attending possible mediation, and finally a trial.  Through this process and depending on the circumstances, a landlord can possibly obtain a money judgment against the tenant for back owed rent and/or an order of possession of the premises.  A landlord is powerless to remove any tenant or collect any back owed rent without following this process and a mistake at any point could result in dismissal of a landlord’s complaint, requiring them to start the entire process from the beginning.

Handling an eviction requires a full understanding of how the process works and using a legal service with experience in litigating landlord-tenant disputes is paramount.  Fortunately, the attorneys at Mathis, Marifian & Richter are well equipped to handle landlord-tenant disputes from the notice stage, all the way through trial.  If you are experiencing tenant issues or require eviction services, contact the attorneys at Mathis, Marifian & Richter, Ltd. today.

Professional Services Disclaimer: Please note that the information presented here is as an educational service, and while it contains information about legal issues, it is not legal advice. No warranty is made regarding the applicability of the information presented to a particular client situation, and the information set forth is not a substitute for original legal research, analysis and drafting for a particular client situation.