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.
is the legal ground specified on a “dispossessory warrant” when management terminates or non-renews a lease due to the resident’s violation of the contract or community rules.
an “order” of the court granting a ruling in favor of either the plaintiff or defendant. In a “dispossessory proceeding” a judgment results in granting a writ of possession or finding of an amount of rent that is past due. Money judgment or writ or both. Personal or Notorious service of the defendants or a defendant answer to the court is required to obtain a money judgment enforceable against the personal assets of the defendant.
term for either the owner of a property or management who leases the property to a resident.
is usually an amount posted to the resident’s ledger or included in the charge-off of bad debt which results in a collection account. It is assessed based on a provision in the lease due to the resident “breaking” the rental contract.
refers to a special kind of lease provision under which management and the resident agree to substitute a specific amount of money as the amount of rent (or other charges) that management is entitled to receive from the resident if he breaks or violates the lease. There are special rules for determining when such provisions are valid or enforceable (legally binding). Usually the damages must be impossible or difficult to determine, the amount of money selected must be reasonable, and the parties must clearly intend for the “liquidated” (fixed) amount to substitute for the usual legal method of how much would be due. A late fee is a type of liquidated damage which the resident agrees to pay if rent is paid after the grace period.
the legal ground for filing a “dispossessory warrant” when the resident has not paid rent.