Frequently Asked Questions - Landlord/Tenant
1. My landlord has failed to make repairs to the premises, what can I do?
2. Can I evict the tenants or the tenant's property from my rental property?
3. Where do I file a dispossessory action to evict my tenants?
4. What are the requirements for a Landlord filing a dispossessory action?
5. How much does it cost to file a dispossessory action?
6. Can I mail the dispossessory complaint to the court?
7. What items may be included in a dispossessory complaint?
8. Can I include a claim for damages done to the premises during the term of the lease?
9. How does the tenant know that he or she is being sued?
10. How is the summons and dispossessory action served on the tenant?
11. Does it matter what type of service of the summons and dispossessory action is had on the tenant?
12. I have been served with a summons for a dispossessory action, what do I do?
13. The last day to file my answer falls on a weekend, and the Magistrate Court civil division is closed, what can I do?
14. The tenant failed to file an answer within 7 days from service of the summons, what can I do?
15. The tenant has filed his answer, when will the hearing be held?
16. I missed the time to file an answer, can I file a late answer?
17. The Landlord actually owes me money, what can I do?
18. Is there a cost to filing an answer or a counterclaim?
19. What do I bring to court?
20. Can I bring letters or affidavits from witnesses to the court?
21. Can I tell the court what an absent witness told me?
22. Can I present the court with estimates of repair?
23. How do I make witnesses come to court?
24. When do I have to pay the witness?
25. Can I present evidence other than the testimony of witnesses?
26. Can I subpoena records and documents as well as persons
27. How much evidence will I need in order to win my case?
28. Do I have to prove all of my case by the same standard of evidence?
29. How are cases presented in court?
30. What if I forget to tell the court something or the other side brings up something I did not anticipate?
31. How do I cross-examine a witness?
32. May I object to evidence?
33. When do I find out who won the case?
34. The court has issued the writ of possession, and the tenant has not vacated the premises, how do I get possession of my property?
35. How do I get my judgment paid?
36. Basic outline of post-judgment collection procedures.
A. Writ of fi fa
B. Garnishments
C. Continuing Garnishment
D. Post-judgment Interrogatories
37. Do I have to do anything after my judgment is paid?
38. What are the alternatives to going to trial?
39. What is the difference between a dismissal with prejudice and without prejudice?
40. Can I appeal my case if I lose?
41. I did not receive notice of my court date and the case was decided against me. What can I do?
42. What about my security deposit?