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Landlord Tenant Law - Eviction Defense: Improper Eviction Complaint


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7/30/2020
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A tenant can be evicted only if the landlord obeys the eviction process and if a Judge finds cause for eviction under the Anti-Eviction Act. A tenant can defeat an eviction complaint by showing the eviction process were not correctly followed, or that cause for eviction does not exist, or that the landlord has not met other duties under the law. This blog will address the defense of "Improper Eviction Complaint"

Improper Eviction Complaint 

An eviction suit can be dismissed  if the complaint did not conform to statutory procedure and law. The following are examples of an improper eviction complaint:

  1. The Complaint does not state the reason for eviction under the Anti-Eviction Act.
  2. In a nonpayment of rent eviction, the Complaint must include only the amount of rent legally due. The landlord cannot add charges that are not legally part of the “rent.”
  3. The reason stated in the Complaint for the eviction is not one of the causes for eviction in the Anti-Eviction Act. 
  4. The reason stated in the Complaint is not the same as the one in the landlord’s Notice to Cease and/or Notice to Quit. The cause for eviction in the complaint must match the cause given in the Notice to Cease and/or Notice to Quit.

Failure to conform to the requirments set forth above can be grounds for a defense to an eviction. If you are facing an eviction, contact the Landlord Tenant Attorneys at Fazzio Law, we are in your corner!



Category: Landlord Tenant Law


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