LANDLORD/TENANTS

Landlord/Tenant law is a specialized area of real estate law. These disputes may be either commercial or residential. In general, these cases involve a complaint by either the landlord or the tenant against the other. Landlord complaints generally involve the nonpayment of rent, although failure to abide by the terms of the lease may also be the subject of a dispute. Tenants, on the other hand, often complain about a landlord's failure to provide a needed service or repair. Litigation can be initiated by either party. The most frequent type of litigation is a Forcible Entry and Detainer or Eviction action for nonpayment of rent. The landlord must give statutory notice to the tenant and demand possession of the premises. If the rent is still not paid, then the landlord can start suit to remove the tenant from the leased property. Court costs and attorney's fees are generally awarded to the prevailing party. If the tenant still fails to vacate the premises, a Writ can be issued and the Sheriff will then be summoned to forcibly remove the tenant from the premises.

* The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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