LANDLORD TENANT - SUMMARY PROCEEDINGS
GENERAL GUIDELINES FOR FILING
THIS INFORMATION IS DESIGNED TO PROVIDE PROCEDURAL INFORMATION ABOUT LANDLORD TENANT-SUMMARY PROCEEDINGS. IT IS NOT INTENDED TO GIVE LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS REGARDING THE LEGAL ASPECTS OF YOUR CASE, PLEASE CONSULT WITH AN ATTORNEY.
1. To regain possession of your premises, you must serve the tenant with a NOTICE TO QUIT, for either:
A. NON-PAYMENT OF RENT (DC 100a), or
B. TERMINATION OF TENANCY (DC 100c)/RECOVER POSSESSION OF PROPERTY (DC 100c)
C. any other type notice as permitted by law.
Important points to consider: If you want to evict the tenant, serve a NOTICE TO QUIT FOR TERMINATION OF TENANCY/RECOVER POSSESSION OF PROPERTY. If you want the tenant to pay the rent and stay or be evicted if not paid serve a NOTICE TO QUIT FOR NON-PAYMENT OF RENT.
NON-PAYMENT OF RENT
requires notice of at least seven days.
TERMINATION OF TENANCY/RECOVER POSSESSION OF PROPERTY requires notice equal to the payment schedule determined by the rental agreement, i.e. weekly, bi-weekly, and monthly.
2. To file suit, after the time given in the NOTICE TO QUIT has elapsed, you should bring to the court:
A. 3 copies of the NOTICE TO QUIT with proof of service at the bottom of the page filled out, signed and notarized.
B. 3 copies of any existing lease agreement on standard 8 1/2 x 11 inch paper.
C. Complaint (for appropriate lawsuit), completely filled out and signed,
D. Summons (DC 104), partially filled out
E. An envelope, stamped and addressed to the defendant (tenant) with enough postage to bear the weight of the pleadings (includes a copy of the notice to quit, the lease, the summons and complaint).
F. $55.00 filing fee for possession of premises.
G. Separate check or money order made payable to Charles Wagner in the amount of $30.00 per defendant.
IMPORTANT POINTS TO CONSIDER: : If you need service on a second tenant, you will need (2) Summons and Complaints; (5) copies of the NOTICE TO QUIT, and (5) copies of any existing lease agreement; and (2) self-addressed envelopes. When you have all your papers together, the clerk will file your suit and set your case for hearing.
At the bottom of the page of the Complaint form, is a part called Supplemental Damages for a money judgment. This is a separate claim, requiring an additional filing fee and personal service. Personal service of the papers is not guaranteed at that time, as the papers must be served quickly or posted, due to the hearing date set on the Summons at the time of filing. Following is a list of the current filing fees for possession and a money judgment:
0 - $600.00 - $90.00 filing fee
$601.00 - $1750.00 - $110.00 filing fee
$1751.00 - $10,000.00 - $150.00 filing fee
$10,001.00 - $25,000.00 - $215.00 filing fee
Filing fees are separate from service fees, therefore, you will need two separate forms of payment when filing your lawsuit.
1. Filing fee made payable to the 17th District Court in the form of cash, check/visa/master card or discover.
2. Service fee made payable to Charles Wagner, check or money order only.
Because of the expediency required in landlord-tenant cases, the Court Officer does not always have time to contact you if you paid for a money judgment, and they cannot obtain personal service. Your paperwork will be posted to the dwelling, so you can receive a judgment of possession. You may have to obtain a money judgment through other methods if the defendants do not appear in court.
When filing an Order of Eviction, there is a $15.00 filing fee to the court. In addition, a Check or Money Order for $45.00 PER defendant must be made payable to Charles Wagner, for posting/personal service of the Order to the dwelling. If an eviction occurs and the Court Officer and his crew remove the defendants and/or their belongings, personal property, or debris, the cost of this is due to the Court Officer at the completion of the eviction. Contact Court Officer for prices.
***If the Plaintiff is a Corporation, LLC, or Property Management Company, an attorney is required to represent them at all court proceedings.