Paul J. Raine, PLLC
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Landlord-Tenant FAQ


Q: My tenant hasn't paid rent on time.  What do I do now?
A: You can serve the tenant with a "7-day notice" to quit.  The notice gives the tenant 7 days to pay before you can take legal action.  If the tenant still hasn't paid after the 7 days, you can file a summons and complaint in the District Court for non-payment of rent.  The court will schedule a hearing and both parties will have an opportunity to be heard in court.  If you have incorporated, you must be represented by an attorney at the hearing.  You can ask for a judgment which will give the tenant the option to either pay and stay or move out.  The winning party will be entitled to their costs, including attorney fees.  The attorney fee is $75 for consent judgments (where both parties agree) and default judgments (when the defendant fails to appear).  The allowable attorney fee is $150 if there is a contested hearing.
Q: What happens after I get a judgment?
A: Unless the court grants immediate possession, you must wait at least 10 days (or more if you agree to more time under a consent judgment).  At the end of the 10 days, you can send an Order of Eviction to the court along with the $15.00 filing fee.  You must send in the Order of Eviction within 56 days of the date of the judgment.  Otherwise, the court will require another hearing.  Once the court receives the Order of Eviction, the judge will sign the order, demanding the court officer to return possession of the property to the plaintiff.  The court officer will usually post a notice on the property that the eviction will take place within 24-48 hours.  On the day of te eviction, the court officer will supervise a crew to remove any remaining belongings and set them at the curbside or in a dumpster. 
Q: Can I get a money judgment and a possession judgment?
A: When you file the summons and complaint with the court, you need to decide whether you will ask the court for a money judgment in addition to a possession judgment.  You can ask for both money and possession on the same complaint form.  However, there is an additional filing fee for a money judgment and the tenant must be personally served with a copy of the summons and complaint.  If you file for possession only, the service of process can be satisfied by mailing and attaching a copy of the summons and complaint to the front door of the premises.  Even if you file for both possession and a money judgment, the judge will only grant possession (no money judgment) if you do not obtain personal service on the defendant before the court date. If you only obtain a possession judgment, you must later obtain a money judgment by filing a separate lawsuit.