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Rent & Possession: Landlord-Tenant

Rent & Possession is a landlord-tenant action in which a landlord may recover possession of a leased premises and any outstanding back rent when a tenant defaults under a lease. Before the landlord may act, however, it must first send a written demand to the tenant requesting that the default be corrected. It is typical protocol to send this notice via certified mail, return receipt requested, to ensure that the tenant did indeed receive the demand.

If the tenant does not respond and correct the default, then the landlord may file suit in the appropriate associate circuit court, describing under oath the nature of the lease and how the tenant has specifically breached the lease. Specifically, the following must at a minimum be included in the petition for rent and possession: (1) the name of the tenant, (2) the terms of the lease or renting, and (3) how the landlord claims title to the lands.

These types of actions are typically very black and white. It does not take much evidence either way to determine that a lease has been breached from non-payment. Much of the time and effort, then, comes in complying with all of the statutory requirements to effectuate an eviction and all post-judgment actions necessary to collect the outstanding rent and address the security deposit.

Contact us with questions.

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