Understanding the Eviction Process: A Guide for Landlords

Understanding the Eviction Process: A Guide for Landlords

Nemat Law Firm

April 17, 2024

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The eviction process, also known as dispossessory proceedings, is a legal procedure that landlords must follow to regain possession of their property from tenants. Here’s a breakdown of the process:

Filing a Dispossessory Complaint: The process begins with the landlord providing tenant a demand for possession and filing a dispossessory complaint in court if tenant fails to vacate. This complaint outlines the reasons for eviction, such as non-payment of rent, holding over, lease violations among other reasons.
Issuance of Writ of Possession: If the landlord wins the eviction suit, the court issues a writ of possession. This legal document authorizes the removal of the tenant and their belongings from the property.
Enforcement of Writ of Possession: Once the writ of possession is issued, the landlord must wait for a specified period before enforcing it. In some cases, this waiting period is seven days.
Removal of Tenant and Property: After the waiting period expires, after filling of the application for writ of possession and order by Court, the law enforcement can proceed with the removal of the tenant and their property from the premises.
Potential Money Judgment: In addition to regaining possession of the property, the court may also award a money judgment in favor of the landlord for any damages or unpaid rent owed by the tenant.

It’s important for landlords to understand the eviction process thoroughly and follow all legal procedures to avoid potential liability, complications or challenges.

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