Deck 17: Eviction Procedures

Question 1

If a tenant abandons leased premises, the tenant is considered to have voluntarily surrendered them.

Answer 1

True

Question 2

In those states that follow the URLTA, a tenant in an action for constructive eviction may recover:

A) double damages plus attorneys' fees and costs
B) treble damages plus attorneys' fees and costs
C) neither a nor b

Answer 2

B

Question 3

To collect back rent, what might a landlord who is successful in an eviction suit do?

Answer 3

To collect back rent, a landlord who is successful in an eviction suit may
(1) attempt to garnish the tenant's wages,
(2)attempt to execute judgment against any real property owned by the tenant by recording a certified copy of the judgment in each county in which the tenant owns real property, or
(3)attempt to execute judgment by selling that portion of the tenant's personal property that is subject to a landlord's lien.

Question 4

In some states, a landlord may collect from a tenant who holds over after the expiration of a lease:

A) double rent
B) triple rent
C) neither a nor b

Question 5

In an eviction proceeding, a jury trial is conducted unless a party specifically requests otherwise.

Question 6

Before a landlord can evict a tenant and retake the premises, the lease must be legally terminated.

Question 7

What information should be included in an eviction complaint?

Question 8

An eviction complaint should be filed in:

A) the county in which the lessor has its principal place of business
B) the county in which the leased premises is located
C) neither a nor b

Question 9

An agreement made by opposing sides in a lawsuit regulating a matter pertaining to the suit is called a     .

Question 10

Typically, the amount of a distress bond must be:

A) equal to the sum demanded
B) at least double the sum demanded
C) at least triple the sum demanded

Question 11

What is the difference between actual eviction and constructive eviction?

Question 12

If a landlord is a corporation, the landlord need not be represented by legal counsel in an eviction proceeding.

Question 13

A bond required when one is appealing a judgment is called a          bond.

Question 14

A landlord must give a tenant the opportunity to cure a breach of the lease before beginning eviction proceedings.

Question 15

A summons must be signed by the:

A) landlord
B) landlord's attorney
C) clerk of the court

Question 16

If an agreement is reached between a landlord and a tenant who has breached the lease, what should be included in the stipulation?

Question 17

A short and simple legal proceeding is referred to as a          proceeding.

Question 18

A complaint that is signed and sworn to by the plaintiff, attesting that all allegations within the complaint are true to the plaintiff's best knowledge and belief, is referred to as a  ___ complaint.

Question 19

A court order issued to the sheriff ordering the sheriff to remove the tenant from the property is called a ____.

Question 20

Explain a distress for rent proceeding.