|
Filing a Suit in a Landlord-Tenant Case
If you are a landlord and you are having problems with a
tenant, you must provide notice to the tenant to correct the problem, pay
rent, or to move out. Depending on your situation, you should file the
appropriate form according to the guidelines below:
-
For failure to pay rent, use the Demand for
Possession, Nonpayment of Rent form (Form DC 100a)
-
If the tenant has caused a health hazard or damaged the
property, use the Notice To Quit, Health Hazard/Injury to Premises form
(Form DC 100b)
-
If the tenant owns a mobile home and is renting the lot from
you, use the Notice to Quit, Mobile Home Park-Mobile Home Owner form (Form
DC 100d)
-
For all other situations, use the Notice to Quit, Termination
of Tenancy form (Form DC 100c)
If you have filed a Notice to Quit and the tenant has failed to
comply with your request, you
may file a complaint with the court asking the court to award you possession
of the premises or a monetary judgment for damages. There is a fee for
filing a complaint in District Court. After you file a complaint form, the court will issue a summons. The
defendant must be served with both a copy of the complaint and the summons.
If the court rules in favor of the plaintiff and the
defendant does not comply with the judgment within the specified timeframe,
the plaintiff can apply for eviction by filing an Order of Eviction (Form DC
107) with the court. An Order of Eviction cannot be issued if any part of
the amount due under the judgment has been paid, except under special
circumstances. Once an Order of Eviction is entered, it must be served on
the defendant by an appointed court officer.
If You Receive a
Notice or a Complaint
If you are a tenant and you have been served with a Notice to
Quit or a demand for payment of rent, you may respond either by complying
with the request in the notice or by disputing the notice. If you dispute
the notice, you must file your dispute with the District Court.
If you are served with a summons and complaint, you must appear and answer
the complaint by the date on the summons. You can appear and answer by
either filing a written answer/motion and serving the plaintiff with that
answer/motion or orally answering each allegation in the complaint at
the hearing. You are
entitled to a jury trial, but you must request it and pay a jury fee of
$50 when you make your first appearance. You also have the right to be
represented by an attorney.
If you do not appear and answer as required, the court may enter a default
judgment against you, which means the judge may grant a judgment for the
plaintiff without hearing from you. If a default judgment has already been
entered, you may file a Motion to Set Aside Default and Order within
10 days after the default was entered in a landlord-tenant case.
Online Court Forms
Demand for Possession, Nonpayment of Rent, Landlord-Tenant
Notice to Quit, Health Hazard/Injury to Premises,Landlord-Tenant
Notice to Quit, Termination of Tenancy, Landlord-Tenant
Notice to Quit, Termination of Tenancy, Mobile Home Park-Mobile Home Owner
(Just Cause Termination)
Complaint, Nonpayment of Rent, Landlord-Tenant
Complaint, Health Hazard, Injury to Premises, Landlord-Tenant
Complaint, Termination of Tenancy, Landlord-Tenant
Complaint, Termination of Tenancy, Mobile Home Park-Mobile Home Owner (Just
Cause Termination)
Order of Eviction
Motion and Order for Escrow, Landlord-Tenant
Motion to Set Aside Default and Order
Know the Law
Landlord and Tenant Relationships
Truth in Renting Act
Additional Information
Landlord Tenant Self-Help
Tenants and
Landlords: A Practical Guide
Note:
You must have Adobe Acrobat Reader installed on your computer to view or
print forms in Portable Document Format (PDF). If you need to download the free Adobe Reader, please
click here.
Return to
District Court
|
