The summons in a forcible entry and detainer case must be served at least 2 days before trial. A continuance longer than 2 days requires the tenant to post an undertaking covering accruing rent.
$150 to file in district court (Admin. R. 9(c)(1)); $250 in superior court (9(b)(1)). The court system's fee page lists eviction as $150 up to $100,000 in damages and $250 over $100,000. No filing fee is charged to a person found indigent under Administrative Rule 10.
If a landlord unlawfully removes or excludes a tenant, or willfully cuts electricity, gas, water or other essential services, the tenant can recover possession or end the lease and recover up to 1.5 times actual damages.
A landlord may not raise rent, cut services or bring or threaten an eviction because a tenant complained about conditions, enforced rights under the chapter, joined a tenant union or complained to a government agency. Exceptions include nonpayment of rent. Exceptions: after a notice to quit, the landlord may still seek possession for unpaid rent, code-required alterations or demolition, tenant waste or illegal use, good-faith personal use, or other listed grounds (.310(c)). The landlord may raise rent for substantial tax or cost increases, capital improvements, or to match comparable rents (.310(d)).
If a tenant stays without consent after the lease ends or is terminated, the landlord may serve a notice to quit and sue for possession. For a willful, bad-faith holdover, the landlord may also recover up to 1.5 times actual damages.
In a possession case where the landlord's violations are a defense, the court may order the tenant to pay accrued and future rent into court. If the violations aren't fixed within six months, the court enters judgment for the tenant.
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