What is a tenant breach?
If a tenant fails to pay rent, breaks a rule, or significantly damages the property, then it is considered a breach of contract and you have grounds for eviction. If there are people living in the unit that are not on the lease, then that is also a breach of contract and you have grounds to evict them.
When to file a complaint against a tenant in breach of lease?
Landlord must give Tenant 30 days written notice before filing the Complaint, or 14 days written notice for a breach of lease that causes a clear and imminent danger of serious harm to others or the property). If Tenant fails to leave property within 30 days, Landlord may file a Complaint and Summons Against Tenant in Breach of Lease ( DC-CV-085 ).
What should I do if I have a complaint against my Landlord?
If you have been served with a complaint and summons. The most important thing to do is to show up at the date, time, and court location stated on the summons. Failure to do so, may result in judgment being entered against you. For more information, read the article Rent Court and Eviction Cases.
What happens if you do not respond to a civil summons?
A default judgment typically gives the other person everything requested in the complaint. If you do not respond to a civil summons, the court can grant the other party judgment against you in the underlying case.
What can a landlord do if a tenant fails to pay rent?
Landlord can file complaint immediately after Tenant fails to pay rent. File a Failure to Pay Rent-Landlord’s Complaint ( DC-CV-082 ). The complaint must be completely filled out and filed in the District Court of the county where the property is located.
How does a landlord serve a tenant with a summons?
If the judge lets the landlord serve by posting and mailing, the server has to post a copy of the Summons and Complaint on the property where the tenant will see it and send another copy by certified mail to the tenant at the tenant’s last known address.
What to do if tenant won’t take court papers?
If the tenant will not take the papers, the server can tell the tenant that he or she is being served and leave the papers as close to the tenant as possible. If the tenant is not at home or work when the server comes, the server can give the court papers to a competent member of the household where the tenant lives or to someone works.
Can a tenant go to court against a landlord?
Tenants have the right to appear in court on the scheduled trial date to defend themselves against a possible eviction. Those cases are heard in the county courthouse where the rental property is located.
How to file a landlord / tenant lawsuit in Superior Court?
The landlord must first file a landlord/tenant lawsuit in the Special Civil Part of the Superior Court and get a judgment for possession from the court before an officer can be directed to evict any residential tenant. Tenants have the right to appear in court on the scheduled trial date to defend themselves against a possible eviction.