Latest Tip! Eviction Moratoriums during the Pandemic (April 2020)
This practice trip outlines what actions are currently prohibited under the Federal and State eviction moratoriums put into place in response to the Covid-19 pandemic. The practice tip outlines the cases that are exempt from the moratoriums, the on-going obligations of tenants and landlords during the moratoriums, and financial resources available to landlords and tenants.
Statutory Costs and Expungement in Eviction Case Dismissals (February 2020)
This practice tip discusses how tenants, who have had their eviction action dismissed, can seek the $200 in costs and/or expungement of the eviction both which are statutorily allowed upon dismissal.The practice tip outlines how to ensure a tenant can receive the benefits of both the monetary award and expungement in the way most beneficial to the tenant.
Retaliation Defense (February 2020)
When a landlord attempts to end a tenancy or raise a tenant’s rent because the tenant has sought to exercise the tenant’s rights protected by law, the tenant has certain remedies in court. This practice tip discusses the tenant’s remedies when retaliation is an issue.
Rule 105: Withdrawal (November 2019)
While a volunteer attorney’s representation of a client can often be limited to a one-time appearance, at the conclusion of any representation of a client, the attorney should file a notice of withdrawal pursuant to Rule 105 of the General Rules of Practice for the District Courts. This practice tip discusses the process of filing the notice of withdrawal, provides tips on filing a notice of withdrawal when the attorney has lost contact with the client and tips on filing the notice of withdrawal in an eviction expungement case.
Eviction of Overstaying Guests Practice Tip and Packet (November 2019)
This practice tip addresses what to do when a guest, who is invited by a homeowner to live in the homeowner’s residence temporarily, or an adult family member, living in the residence with the permission of the homeowner, refuses the homeowner’s request to move out. The practice tip instructs on how to make the critical initial determination of whether the guest or family member is a residential tenant, or a guest staying in the home, how to proceed with evicting the individual in both of those distinct cases and what defenses are available to the family member or guest being asked to leave.The packet also includes: (1) a Demand to Vacate Letter instructions and template; and (2) an Eviction Action Complaint instructions and template.
Invalid Service of Eviction Action Complaint (October 2019)
Because the consequences of losing an eviction action, are so dire for the tenant-defendant, the courts require strict compliance with the eviction statute service requirements. This practice tip discusses what is needed for a landlord tocomply with the statutory service requirements, and how to use defective service to help the tenant in settlement negotiations or move to dismiss the action.
Proper Plaintiff (September 2019)
In order to bring an eviction action, the person asserting the action must have the proper authority to possess the property. This practice tip helps to think through whether the plaintiff in an action has the proper authority to bring the action, or whether the tenant has a defense in the eviction case and could challenge that the named plaintiff is not the proper plaintiff.