Residential Petition for Possession

Residential Petition for Possession

This Residential Petition for Possession is filed by Plaintiff Name: whose mailing address is . Plaintiff is the owner/authorized agent of the premises located at Property Address: in County: . The named tenant (Defendant) is Defendant Name: of Defendant Address: .

RECITALS

WHEREAS, Plaintiff and Defendant entered into a written or oral rental agreement (Lease) for the Property on Lease Start Date: , which required Defendant to pay rent and comply with the terms of the Lease; and

WHEREAS, Defendant is in material breach of the Lease by reason of the following:

WHEREAS, Plaintiff delivered to Defendant a written notice to comply or vacate and/or pay rent on Notice Date: by the following method(s): Mail Personal Service Posting at Premises

NOW, THEREFORE

Plaintiff alleges the following facts constitute a valid cause of action for possession of the Property and for related relief.

1. JURISDICTION AND VENUE

This Court has jurisdiction over the subject matter and the parties because the Property is located within the territorial limits of this Court and the amount and nature of the relief requested are within the Court's statutory authority to adjudicate possession actions.

2. PARTIES

Plaintiff is the owner or authorized agent entitled to possession of the Property. Defendant is a tenant or occupant of the Property and is subject to the terms of the Lease described in this Petition.

3. FACTUAL ALLEGATIONS

3.1 Lease Terms: Monthly rent is Rent Amount: $ due on or before the Rent Due Day each month. Lease Termination Date (if any): .

3.2 Default: Defendant failed to pay rent in the amount of Total Amount Due: $ for the period from to , and has otherwise breached the Lease as described above.

3.3 Notice and Opportunity to Cure: Plaintiff served the required notice and the required cure period has expired without compliance. Proof of service is on file or will be provided as required by the Rules of Civil Procedure.

4. CAUSE OF ACTION — POSSESSION

As a direct and proximate result of Defendant's breach and continued unlawful occupancy, Plaintiff is entitled to immediate possession of the Property and an order directing the sheriff or other authorized officer to remove Defendant and all persons claiming under Defendant from the Property.

5. DAMAGES, COSTS AND ADDITIONAL RELIEF

Plaintiff seeks recovery of unpaid rent, late fees and charges permitted under the Lease in the amount set forth above; statutory damages if applicable; court costs; filing fees; accrued utility charges lawfully payable by Defendant; and reasonable attorney's fees where the Lease or statute authorizes such recovery.

Claim for attorney's fees: Yes

6. SERVICE AND NOTICE

Plaintiff will effect service of process in accordance with applicable law. Proof of service shall be filed with the Court prior to or contemporaneously with presentation of the matter for hearing or judgment.

7. VERIFIED STATEMENT

Plaintiff attests under penalty of perjury that the facts set forth in this Petition are true and correct to the best of Plaintiff's knowledge and belief.

GOVERNING LAW

This Petition shall be governed by the laws of the jurisdiction in which the Property is located. Any contested issues shall be determined in accordance with applicable statutory and decisional law.

ENTIRE AGREEMENT; SEVERABILITY

This Petition constitutes the entire written statement of Plaintiff's claims for possession asserted herein. If any provision of this Petition is held to be invalid or unenforceable, the remainder of the Petition shall not be affected and shall remain enforceable.

AMENDMENTS; WAIVER; COUNTERPARTS

Plaintiff reserves the right to amend this Petition to conform to the facts and evidence discovered prior to hearing. No waiver of any provision of this Petition shall be effective unless in writing and signed by the party waiving the provision.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

1. Enter judgment granting Plaintiff immediate possession of the Property;
2. Award Plaintiff damages for unpaid rent, late charges and other sums due in the amount set forth above;
3. Award costs of suit, filing fees, and reasonable attorney's fees to the extent permitted by law or the Lease;
4. Grant such other and further relief as the Court deems just and proper.

NOTICE OF HEARING

Plaintiff requests that the Court set this matter for hearing at the earliest practical date and notify the parties in accordance with court procedures.

Sign Now