Dispossessory Action ("Eviction")
What is a "Dispossessory Proceeding"?
A Dispossessory Preceeding ("Eviction") is a legal action brought by a landlord against a tenant to evict them from the property. The relationship between the parties MUST BE Landlord and Tenant. Agents of the Landlord should fill out the appropriate forms to act on behalf of the Landlord.
The Tenant must be either a:
- Tenant Holding Over
- Tenant at Will
- Tenant as Sufferance
- on not paying rent as it becomes due
- or otherwise breaching the conditions of the rental agreement
The Landlord must first make a demand for possession of the property to the Tenant before beginning this property. If the Tenant refuses to give up possession of the property, the Landlord may file a Dispossessory Affidavit to be served to the Tenant. If the Tenant does not answer the Affidavit within 7 days, then on the 8th day the Landlord can file for eviction.