By Bruce E. Gudin, Esq. In that case, a judgment granting the landlord possession of the leased property may be entered against the tenant after the landlord has filed an affidavit proving a right to possession.
Forms are available in the courthouse.
If the tenant is present in the courtroom and the landlord is not, the landlord's complaint will be dismissed without prejudice, meaning it may be filed again without penalty. A landlord may not evict a tenant based upon failure to pay any attorneys' fees, costs or late charges, unless there is a lease provision which states that such fees are collectible as rent. Even if the lease allows such charges to be collected, the amount due as rent may be limited by a rent control ordinance, or in the case of public or federally-assisted housing, by federal law. A landlord and tenant may decide to settle a case before court, but the decision is entirely voluntary. Any settlement should be reduced to writing and filed with the court.