May 20, 2015 Article

Eviction: Not the End of the Road for Landlords and Tenants

Given the limited scope of proceedings, all parties must be aware that a suit may only be one part of the process in lease litigation

by Karen L. Hart

Eviction can be a powerful tool for dealing with a defaulting tenant, and an eviction suit is certainly one way to try to sever ties with a problem tenant.  Landlords, tenants, and their counsel must be aware, however, that eviction may not be the end of the road. In many states, eviction suits are extremely limited in scope and jurisdiction as a matter of law. Commonly, the only issue that may be adjudicated is the right to actual possession of the disputed premises.  

Eviction can be a powerful tool for dealing with a defaulting tenant, and an eviction suit is certainly one way to try to sever ties with a problem tenant. Landlords, tenants, and their counsel must be aware, however, that eviction may not be the end of the road. In many states, eviction suits are extremely limited in scope and jurisdiction as a matter of law. Commonly, the only issue that may be adjudicated is the right to actual possession of the disputed premises.

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