Dispossessories

The Magistrate Court has jurisdiction to hear landlord-tenant disputes which includes dispossessory proceedings. A dispossessory action refers to eviction proceedings brought by a landlord against a tenant. A writ of possession is issued to evict an occupant from the property. The dispossessory complaint is filed under oath by the owner (landlord), testifying to the unlawful possession of the owners property by a tenant. The relationship between the parties must be Landlord and Tenant. The Tenant must be either a Tenant holding over, Tenant at will, a Tenant at sufferance, one not paying rent as it becomes due, or otherwise breaching the conditions of the rental agreement. The Landlord must have made a demand for possession of the premises prior to commencement of the proceedings. Those who consider themselves "agents" of the landlord must comply with Rule 31.

Once a tenant has been served with the Landlord-Tenant (Dispossessory) Affidavit, the tenant has seven (7) days from the date of service to file an answer with our court. If the tenant does not file an answer an eviction may be requested on the eighth (8th) day. If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date.  Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a new Landlord-Tenant (Dispossessory) Affidavit must be filed. 

• Filing fee (1 Defendant to be served): $72
• Service Fee for each additional Defendant: $25 each