 |
Section 375 is a part of the Residential Landlord Tenant Act that can be used during an eviction as an added protection of the Landlord if the eviction is based on non-payment of rent.
Under this section, an additional court document is sent to the Tenant. If they receive that additional document, in addition to answering the eviction complaint, the Tenant must also do one of 2 things: either to pay the undisputed past due rent, and continue to pay the rent as it becomes due, into the court registry or file a statement sworn under penalty of perjury stating that they either do not owe the rent or that they have a legal or equitable setoff or defense.
If the tenant fails to do either of the above-listed items, the court is required to issue the writ of restitution returning the apartment to the landlord. The court can set the monetary issues for trial, but must issue the writ.
Our office uses this additional document for all non-payment of rent cases.
If you have any questions about the use and requirements of section 375, please give any attorney or paralegal at our office a call.
.
|
|
