Residential Motion for Possession

Residential Motion for Possession

Court:    Case No.:

Plaintiff Name:    Plaintiff Address:

Defendant Name:    Defendant Address:

Subject Property Address:

RECITALS

WHEREAS, Plaintiff is the owner or authorized agent of the real property located at the Subject Property Address above, and Plaintiff rented or leased the Subject Property to Defendant pursuant to a written or oral lease agreement; and

WHEREAS, Defendant entered possession of the Subject Property on or about under a tenancy that is residential in nature and governed by applicable landlord-tenant law; and

WHEREAS, Defendant is currently unlawfully withholding possession of the Subject Property for the reasons set forth below and Plaintiff seeks an order directing immediate possession and related relief.

NOW, THEREFORE

Plaintiff moves the Court for an order granting possession of the Subject Property and for other relief as set forth in this Motion. In support of this Motion, Plaintiff alleges and avers the following facts, grounds and legal bases:

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over the subject matter of this action and venue is proper in this Court because the Subject Property is located within the territorial jurisdiction of this Court and the parties' tenancy was performed at said location.

2. STATEMENT OF FACTS

2.1 Lease Commencement Date:    Lease Term or Type:

2.2 Rent Reserved: $ per month. Defendant failed to pay rent due for the period beginning through .

2.3 Unpaid Amount Due as of the date of this Motion: $ (exclusive of late fees, court costs and attorney's fees unless otherwise ordered).

2.4 Additional factual description:

3. GROUNDS FOR POSSESSION

The specific grounds for this Motion include (check all that apply):

Nonpayment of rent (rent presently due as set forth above).
Material breach of lease terms by Defendant, including:
Holdover after expiration or termination of tenancy.
Unlawful use of the premises in violation of lease or law.

4. NOTICE AND OPPORTUNITY TO CURE

4.1 Plaintiff served written notice as required by law. Type of notice served: on by .

4.2 The notice provided Defendant the opportunity to cure the alleged default, but Defendant failed to cure within the time required by the notice and by applicable statute.

5. RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment granting the following relief:

5.1 An order for immediate possession of the Subject Property and issuance of a writ or other execution necessary to restore possession to Plaintiff; and

5.2 Judgment against Defendant for unpaid rent and damages in the amount of $ together with interest as allowed by law; and

5.3 Costs of this action and reasonable attorney's fees if permitted by the lease or statute: ; and

5.4 Such other and further relief as the Court deems just and proper.

6. REQUEST FOR HEARING

Plaintiff requests that the Court set this Motion for hearing at the Court's earliest convenience. Preferred hearing date (if any): .

7. PROPOSED ORDER

Plaintiff will submit a proposed form of order granting possession and any monetary judgments requested herein and requests that such proposed order be considered by the Court contemporaneously with this Motion.

8. SERVICE AND NOTICE

8.1 A copy of this Motion and accompanying documents shall be served on Defendant in the manner required by law and the rules of civil procedure. Proof of service will be filed with the Court in accordance with applicable rules.

9. VERIFICATION

I, the undersigned, declare under penalty of perjury under the laws of this jurisdiction that the facts stated in this Motion are true and correct to the best of my knowledge and belief.

Declarant Name

Position or Title

Date of Declaration

MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereunder shall be governed by the laws of the state in which the Subject Property is located.

Entire Agreement: This Motion incorporates the facts and documents referenced herein and constitutes the complete statement of Plaintiff's request for relief in this action; no other agreement or representation is incorporated unless expressly stated in writing.

Severability: If any provision of this Motion is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments; Waiver: Plaintiff reserves the right to amend this Motion as necessary and no waiver of any provision shall be effective unless made in writing and signed by the party waiving compliance.

CERTIFICATION

By signing below, the signer certifies that the facts stated in this Motion are accurate, that all required notices have been provided or attempted, and that the signer is authorized to file this Motion on behalf of Plaintiff. The signer further certifies that this filing complies with applicable rules regarding pleadings and motions.

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