When can a suit for failure to pay rent be filed?
Whenever a tenant has failed to pay rent which is due and payable under a verbal or written lease, the landlord can file suit to repossess the rented premises.
What remedies may the land request?
A landlord filing suit for failure to pay rent may request an order for repossession of the premises only or may request re-possession of the premises and a money judgment for the amount of rent due plus late fees, court costs, and attorney's fees. A money judgment may be considered only if the defendant appears in court or has been personally served with the Failure to Pay Rent form. There is an additional cost for each defendant for personal service of the form by the sheriff or constable.
When will the trial be scheduled?
The trial cannot be scheduled until at least the fifth day after the Failure to Pay Rent form is filed. If the fifth day falls on a weekend or holiday, the trial may be scheduled on the first day after the weekend or holiday, or the next scheduled day for Landlord/Tenant actions.
On the day of the trial, the judge may postpone the trial for one day to allow either the landlord or the tenant to obtain necessary witnesses. If both the landlord and the tenant agree, the trial may be postponed for more than
one day.
How is the tenant notified of the suit?
A copy of the Failure to Pay Rent form is mailed to the tenant If personal service has been requested, the sheriff or constable makes several attempts to find the tenant at the rented premises and personally deliver a second copy of the Failure to Pay Rent form. If personal service has not been requested, the sheriff or constable posts the form in a conspicuous place on the rented premises (usually on the door). The trial date and time are shown in the upper right-hand corner of the Failure to Pay Rent form.
Does either party have the right to a jury trial?
If the amount claimed by the landlord is more than
$10,000, or the interest of the tenant in the lease is more
than $10,000, either the landlord or the tenant may
request a jury trial.
