88-2 District Court Landlord Tenant

The District Court handles matters involving Landlord/Tenant disputes, usually those involving eviction procedures such as nonpayment of rent or termination of tenancy.

Nonpayment of Rent-- This action arises when rents are delinquent. Prior to initiating a lawsuit with the District Court, the Landlord must notify the Renter that the Landlord will seek the Court's intervention if the rent is not brought current. This notification is done with a form called Demand for Possession or Notice to Quit. The form may also be obtained at the District Court window.

Termination of Tenancy-- If the Landlord wishes to have the Renter evicted regardless of the rent status, the Landlord must first notify the Renter of the Landlord's intent with a form called  Notice to Quit - Terminate Tenancy. The Landlord must then serve the Renter with this notice. This may be done by mailing the notice to the Renter, First Class Mail, handing the notice to the Renter personally or by certified mail. The Landlord must then give the Renter thirty (30) days to vacate the premises voluntarily before initiating a lawsuit with the Court.

Initiate a Lawsuit-- After following one of the above steps and after waiting the required number of days, the Landlord can now initiate a lawsuit. For nonpayment of rent , this is done by filing a Summons and Complaint with the Court. For Eviction for nonpayment of rent , file a Summons and Complaint. Again, these forms also may be obtained from the District Court window.

When filing a summons and complaint with 88th District Court, the Landlord must also bring to the court the following items:

      1. 3 copies of the Notice to Quit or Demand for Possession
      2. 3 copies of the lease (if there is one)
      3. All original paperwork for the judge's file; the clerk will "true copy" the others for your/defendant's records
      4. Applicable filing fee in the form of a money order

Eviction After the Court Hearing-- Should the Renter fail to move out as ordered by the Judge, the Landlord/Plaintiff must file with the Court a form called Writ of Restitution or Order of Eviction. There is a filing fee of $15.00 when this form is filed with the Court and also requires the Judge's signature. nce the form is signed by the Judge, the Landlord must take this form to a Court approved process server or Montmorency County Sheriff's Department for service. The authorities will evict the renter from the premises at that time.

To obtain landlord/tenant court forms, click this link.

Wednesday, March 20, 2013 8:19 AM