Eviction Terms
Refers to a trial by the judge sitting without a jury. (“non-jury trial”)
Refers to a postponement of the trial or hearing until a later date based on legal reasons or sound discretion of the court.
An eviction lawsuit that is filed with the court. It is also called a “proceeding against tenant holding over” or “dispossessory warrant.” There are two legal grounds for filing an eviction: non-payment of rent and holding over beyond the term of possession. “Holding over” is the basis for filing a dispossessory warrant when a lease is terminated by management for a violation of the lease.
Means the same thing as a “dispossessory proceeding.” Eviction or “set-out” is sometimes used when referring to the actual physical removal of a resident and their personal possessions from the apartment under supervision of the sheriff or marshal.
The legal ground for filing a “dispossessory warrant” when the resident has not paid rent.
A warning letter to the resident that he or she is in violation of the lease. The notice advises a resident to correct or quit whatever it is that is a violation. The resident’s failure to correct the violation will usually result in a lease termination.nt.
Refers to a resident’s claim or lawsuit against management which alleges the resident was unlawfully evicted or locked out of his apartment without going through the proper legal procedures of filing a dispossessory warrant, obtaining a writ of possession, and having the sheriff or marshal come out to perform and supervise the eviction.on a provision in the lease due to the resident “breaking” the rental contract.