Landlord Tenant Law - Eviction Defense: 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:
- The Complaint does not state the reason for eviction under the Anti-Eviction Act.
- 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.”
- The reason stated in the Complaint for the eviction is not one of the causes for eviction in the Anti-Eviction Act.
- 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.
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