After following one of
the above steps, and after waiting the required number of days,
the Landlord can now initiate a lawsuit. This is done by
filing a Summons and Complaint with the Court. Again,
these forms may be purchased at the court for $1.00 each.
When filing the Summons and Complaint with
the Court, the Landlord must also bring to the Court the
- The orifinal and 3 copies of the Notice to Quit or
Demand for Possession;
- 4 copies of the lease (if there is
- a stamped envelope addressed to the
The Landlord will also be required to
pay a filing fee of $45.00.
If the Landlord is seeking Supplemental
Damages, (such damages may include but is not limited to: back
rent, unpaid bills or damages to the premises) an additional
filing is then required. The fee is based upon the amount
of the damages being requested:
- $000.00 - $600.00 additional fee of
- $600/01 - $1,750.00 additional fee
- $1,750.01 - $10,000.00 additional
fee of $65.00 and
- $10,000.01 - $25,000.00 additional
fee of $150.00
Once the Summons and Complaint has been
delivered to the Court along with the required items listed
above, and the filing fee has been collected, the Court Clerk
will assign the matter a case number and a court date.
The court date, as required by law, will be between 7 and 10
days from the date that that Summons and Complaint was filed.
The Renter must then be personally
served by a Process Server. If you do not know a Process
Server, you may locate one in the phone book. The
Landlord cannot serve these papers on the renter.
If the Landlord (who is now the
Plaintiff in the lawsuit) fails to appear on the scheduled
court date, the Judge will dismiss the case.
If the Renter (who is now the Defendant
in the lawsuit) fails to appear, then a Judgment will be
entered against the Renter/Defendant in the amount of money
claimed to be owing by the Landlord, plus court costs. A
date will also be given (usually 10 days from the date of the
Judgment) for the Renter/Defendant to vacate the premises.