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weather. It is very important that the landlordset the property outside the unit. A landlord who

does

not

do

so

may

be

sued

by

the

tenant

f onversion.

For

example,

it

is

improper

for

a

landlord to hire persons to remove the property and transport it elsewhere. The tenant’s property

must be placed on the land outside the rented unit.

My tenant was personally served and did not file an answer. What happens now?

If there was personal service and the tenandid not file an answe, the court can issue a

writ of possession after expiration of the last day to file an answer. The court, without hearing

any evidence, can issue a money judgment for all rent sought by the landlord

dispossessory affidavit.

My tenant was served with the dispossessory warrant by tack and mail service. The tenant did not file an answer. The court says that it can issue an order to have the tenant removed but it could not issue a judgment for money for past due rent. Why?

A dispossessory warrant will usually requst possession and a judgment for the amount

of rent owed. If the tenant was personally served with the dispossessory affidavit, the court can

enter judgment giving the landlordpossession and a money judgmet for the amount stated in

the dispossessory. If the dispossessory warrant is served by tack and mail service, a copy placed

on the door of the rental unit and a second copy sent by mail, the court can issued an order giving

the landlord possession of the unit but cannot issu a money judgment. However, if the tenant

served by tack and mail files an answer, the curt can award a money udgment and possession.

A court can only enter a money judment if it has peronal jurisdiction over the person. Tack

and mail service does not give the court that type of jurisdiction.

The court ruled in favor of my tenant in our dispossessory case. I disagree. What can I do?

Different rules apply for appeals depending owhether it is the tenant or the landlord

filing the appeal. A landlord can appeal a judgnte in a dispossessory case within seven (7)

64

in

the

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