62-B District Court
Landlord/Tenant
The purpose of this page is to acquaint the landlord and the tenant with basic terms and the forms used. Several specific statutes exist that govern this area, along with applicable court rules. Before you take any actions as a landlord to serve a notice to quit or file action to terminate tenancy; or as a tenant, withhold rent because of needed repairs; or take any other action - it is strongly urged that you consult with an attorney.
As a LANDLORD, you have several specific responsibilities and duties under the law. In particular, the area of security deposits is tightly governed by the Security Deposit Act. There can be harsh penalties for failure to strictly comply with this and other statutes. If you have a tenant who is not paying rent, creating a health hazard or just refusing to leave at the conclusion of the term and you want them out - you must first complete and serve upon the tenant a NOTICE to QUIT. There are several different forms, depending on the reason for the notice. Once the time period has passed as specified by the particular notice you use and the tenant has not vacated the property, you file with the court a SUMMONS (notice you are being sued) and a COMPLAINT (a set of specific allegations as to why they should be removed.)
Attachments to the complaint are the lease agreement and a copy of the notice to quit and proof of service for that notice to quit. The tenant needs to be served with copies of each of these documents. Your attorney can advise you as to the time periods to wait before filing the legal action and how the tenant needs to be served with these documents.
A hearing is held before the Judge. At the hearing, you - the landlord, have the burden of proving to the judge that the allegations in your complaint are true. Therefore, you need to bring everything with you, the lease - payment ledger and all other documents relating to this rental unit. If you prevail, the judge will issue a JUDGMENT or order. You should have prepared in advance the proposed JUDGMENT form - leaving blank the dollar amounts and dates for the judge to fill in and then sign. Your attorney will help you in the preparation of these documents. The judge will give the tenant a period of time to either cure the problems (i.e. pay the rent or clean up the health hazard) or vacate the rental unit. If the tenant does neither, you can petition the judge for a WRIT, which is an order to the sheriff or court officer to go to the rental unit and physically remove the tenant and the tenant's property, restoring to the landlord his property. Until this order is served by the court officer, the tenant still has rights as to that rental property. Consult with your attorney to ensure you are completely aware of what you may and may not do.
As a TENANT - you have obligations to pay you rent and maintain the property. The opposite side of that coin is the expectation of certain things from your landlord and the unit you live in. If you feel you are not receiving what the lease calls for, or that repairs are not being made to the rental unit that are the obligation of your landlord, you should consult with your attorney about the possibility of withholding some or all of your rent, or in extreme cases, your ability to move out of the rental unit prior to the expiration of the lease and/or applicable notice requirements. You should never take either of these actions without consulting your attorney.
Summary Proceedings
Corporate landlords and corporate vendors of a land contract must be represented by any attorney in any summary proceeding action before the court. Partnerships may be represented by a general partner.
Land Contract Forfeiture
This involves the selling of real estate, where the seller holds the contract and the purchaser pays the seller directly, until the contract is paid. Once the contract is paid, the seller conveys a deed to the purchaser. Before entering into this type of agreement, both the seller and purchaser need to consult their attorney, to understand the benefits and pitfalls of such a transaction. A real estate agent is not in any position to do this and in fact, it is not legal for a real estate agent to discuss this with the seller or the purchaser.
Should the purchaser default (not make the required payments), the seller may file a SUMMARY PROCEEDING to regain possession of the property and declare the land contract forfeited. The seller first of all serves upon the purchaser a FORFEITURE NOTICE. Your attorney can help you complete this form and verify the accuracy of the legal description.
Once the time period for the notice has expired and if the purchaser has not paid the amounts due, the seller may file a SUMMONS and COMPLAINT of land contract forfeiture. There is a preprinted form available from the court for the SUMMONS, however, there is not a preprinted form for the COMPLAINT. Your attorney is the best person to draw up this important document.
A hearing is held before the Judge. If you prevail, the judge will issue a JUDGMENT or order. You should have prepared in advance the proposed JUDGMENT form - leaving blank the dollar amounts and dates for the judge to fill in and then sign. Your attorney will help you in the preparation of these documents. The judge will give the purchaser a period of time to pay the arrearage and bring the contract up to date, or vacate the property. If the purchaser does neither, you can petition the judge for a WRIT, which is an order to the sheriff or court officer to go to the property and physically remove the purchaser, restoring to the seller possession of the property. Until this order is served by the court officer, the purchaser still has rights as to that property. Consult with our attorney to ensure you are completely aware of what you may and may not do.
Needed to File a Case
You will need to bring the following items with you (plus appropriate filing fee) when you file a Landlord/Tenant case:
- Summons & Complaint
- Original notice to quit and 3 copies (5 copies if there are 2 tenants)
- 3 copies of Lease or Written Agreement (5 copies if there are 2 tenants)
- A stamped envelope addressed to each tenant.
Collecting Money on a Judgment
If you sued someone for money and received a judgment against that person, you have the right to collect the money.
How Much Can I Collect?
You can collect the amount stated on your judgment plus any interest that has accumulated.
How Can I Collect My Money?
There are several ways you can collect your money:
- If the other party (defendant) has the money and is present at trial, s/he can pay you right then.
- If s/he does not have the money at that time and you both agree at the trial, the judge can set up a payment plan. If the defendant is not present at the trial, the court will send a copy of the judgment to the defendant. The judgment will order the defendant to pay you in full within 21 days or tell you and the court where s/he works and the location of his/her bank accounts on form DC 87 Affidavit of Judgment Debtor.
- If the defendant doesn't pay the judgment as ordered, you will have to collect the money through an execution against property or a garnishment.
What is Execution?
Execution is a court procedure allowing a court officer to seize property belonging to the defendant which can be sold to pay for the judgment. If you want to file an execution against property, you may use form MC 19, Execution against property.
What is Garnishment?
Garnishment is a court procedure allowing you to collect your judgment directly from the defendant's wages, bank account, or other source such as income tax refunds. If you want to file a garnishment, see the clerk for the proper form. Instructions are included with the forms.
How Do I Get An Execution Against Property Or A Garnishment?
To get an execution against property or a garnishment, you will need to know where the defendant lives and works, what assets s/he has and where those assets are located, and any other.