Summary Process

By: Carolyn Lenoci, Esq.

Summary process is the legal process by which a landlord evicts a residential or commercial tenant, or even one who never had a right to occupy the premises. Summary process is intended to be quick so that landlords can regain possession of their property and re-rent to paying or “good” tenants. Quick, however, does not mean simple. The summary process is highly technical, and any procedural error can be fatal. The Notice to Quit, which is often the first legal notice in a summary process action, must, among other requirements, properly state the statutory basis for eviction and give tenants the appropriate time to vacate the property. If the form or content of the Notice to Quit is defective, the court will not have subject matter jurisdiction over the action. In other words, the court does not have the power to hear the case and must dismiss it. The landlord must then restart the process from square one. 

Due to the short notice periods and the strict requirements of the summary process, Willinger, Willinger & Bucci, PLLC helps landlords reclaim their property without delay. Every day a tenant unlawfully remains in the property, the landlord loses income. All too often, landlords stall the eviction process in hopes that the tenant will eventually pay their rent. As rent remains unpaid, landlords not only lose income but also risk being unable to pay their mortgage and property taxes. Willinger, Willinger & Bucci, PLLC advises landlords to begin the eviction process immediately upon nonpayment. Note that a summary process judgment against a tenant for nonpayment of rent is not a means for the landlord to collect overdue rent. A judgment in favor of the landlord only gives the landlord possession of the property. Nonetheless, Willinger, Willinger & Bucci, PLLC can help landlords reach an agreement with the tenant to establish a payment plan to bring the rent up to date or achieve a more favorable resolution than mere possession.  

Takeaways:

1. A proper Notice to Quit is a condition precedent to the commencement of a summary process action 
2. Summary process is time sensitive and requires strict adherence to specific procedures 
3. Summary process results in a judgment for possession, not past due rent.