Landlord Tenant law is the set of rules and regulations that governs the relationship between landlords and tenants. These rules and regulations are designed to guide both the landlord and tenant through the legal processes that must be adhered to regarding leased premises. These rules and regulations also make sure that neither party takes advantage of the other.
The two most common issues raised under landlord tenant law are proceedings for failure to pay rent and eviction.
In a failure to pay rent proceeding, the landlord alleges that the tenant has failed to pay rent according to the lease agreement. The landlord can ask the court to enter a judgment in favor of the landlord for the alleged amount of rent owed by the tenant and/or the landlord can ask the court to enter a judgment of repossession (eviction) against the tenant.
A failure to pay rent proceeding is filed with the Landlord Tenant Court located at the District Court in the county where the property is located. A failure to pay rent complaint can only include amounts for rent, late fees, and court costs. The late fees cannot exceed five percent (5.00%) of the rent amount alleged in the failure to pay rent complaint.
Eviction is the process by which a landlord can legally remove a tenant from their property. Eviction proceedings usually arise when a landlord alleges that a tenant has failed to pay rent or has breached the lease agreement. However, a District Court judge must sign an order for repossession of the property before the landlord can file to have the tenants evicted. Tenants have the right to avoid the eviction by paying the amount on the judgment anytime before the eviction takes place, unless the tenant has lost that right because they have had previous judgments entered against them for failure to pay rent.