An eviction proceeding may be called a summary dispossess action, or an unlawful detainer action. Usually, the landlord must give the tenant a notice to quit before initiating an eviction proceeding. Upon the filing of an action, the tenant is served with a form of summons and complaint. At the hearing in an eviction action, the tenant may present any appropriate defenses such as a mistake in the accounting for the rent, or the right to deduct rent because of the condition of the premises. If the court rules in favor of the landlord, the tenant is usually given a short period of time to move out before forcible proceedings begin.
Most states have special restrictions on eviction that apply only to residential leases.
Typically, these restrictions must be met very precisely before the landlord is permitted to evict a tenant. The Martindale-Hubbell Law Directory is the most complete, trusted source for identifying qualified legal counsel. Your access to and use of this website is subject to additional terms and conditions . Reed Elsevier Inc. All rights reserved.