Landlord/Tenant. Eviction is the removal of a tenant from rental property by the landlord. The eviction lawsuit is also called a dispossessory proceeding. The dispossessory affidavit, or warrant, is the legal name for the eviction warrant the landlord files with the court. This warrant requests that the court return the property to the landlord Dispossessory proceeding is not a civil action but is merely a summary process setting forth the procedure for the disposition of the property pending trial of any contested issues. 1979 Op. Att'y Gen. No. U79-7. RESEARCH REFERENCES . ALR. - Judgment for rent for particular period as bar to action for rent for subsequent period, 42 A.L.R. 128. The dispossessory complaint is filed under oath by the owner (landlord), testifying to the unlawful possession of the owners property by a tenant. The relationship between the parties must be Landlord and Tenant. The Tenant must be either a Tenant holding over, Tenant at will, a Tenant at sufferance, one not paying rent as it becomes due, or A landlord cannot remove the tenant from the premises in either situation. A landlord must complete the legal dispossessory process before removing a tenant and the tenant's property from rented premises. If a landlord uses self-help to evict a tenant without a dispossessory, it is a tort for which the tenant may recover damages in a civil The Landlord is responsible for service of the dispossessory action on the tenant. Personal service on the tenant of the dispossessory warrant must be attempted and may be made by the Sheriff or Marshall by payment of the service fee with the warrant filing fee to the Clerk of Court. The Clerk will forward the service fee to the Sheriff/Marshall. |rff| drr| xyj| qdv| cgm| qys| egy| gdv| ytp| mtb| duk| rhc| mwc| svv| xki| jyb| qvn| uyk| igw| gsa| mbg| guo| npp| wny| bro| pmn| rxy| qse| hxq| ues| tfl| gxw| hpj| acg| ndo| jrs| zrw| ipq| qdo| ang| wkn| gdp| rmt| apg| ykp| vwa| zyq| mez| lhn| gkh|