Landlord/Tenant

Eviction is the removal of a tenant from rental property by the landlord. The eviction lawsuit is also called a dispossessory proceeding. The dispossessory affidavit, or warrant, is the legal name for the eviction warrant the landlord files with the court. This warrant requests that the court return the property to the landlord and award money for any unpaid rent owed to the landlord.

You have the right to only be evicted if your landlord files a proper court action. If your landlord does not get an eviction warrant, they cannot evict you, even if you have not paid your rent. When a landlord attempts to kick you out without going through this process and obtaining the necessary court order, that is against the law. If the landlord does get a warrant to evict you, you can file an answer to your landlord’s eviction warrant. This is your chance to state why your landlord does not have the legal right to evict you. You can write your answer, or you can tell your response to the court clerk who will write it for you. You must answer within 7 days from the date of actual service, unless the seventh day is a Saturday, Sunday, or a legal holiday. If the seventh day is any of those days, you will answer on the next day.

The Protecting Tenants at Foreclosure Act (PTFA) is a federal law. If a tenant's landlord is foreclosed on, it allows the tenant to stay in the property. The tenant can stay for at least 90 days or for the rest of the lease, whichever is greater. But, if the new owner plans to live in the property, then the tenant only has the right to remain in the property for 90 days. Tenants who have leases are protected if they are tenants at the time the foreclosure occurs. This includes month-to-month leases or leases terminable at will.