ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Landlords

What can delay the judgment?

There are several factors that can delay the judgment. First, the landlord must hire the sheriff, a licensed process server, or a lawyer to serve the summons and the complaint on the tenant. If that agent is unable to serve the papers properly, the trial cannot go forward on the scheduled date, and the landlord has to try again. In some jurisdictions, the landlord's agent may nail and mail the summons and complaint (that is, post the papers on the tenant's front door and then mail copies to the tenant). In some other areas, the landlord has to employ an agent to serve the papers the first time but may nail and mail the second time.

The trial may be delayed by procedural matters, such as problems with the landlord's termination notice or problems with the method of service of that notice or of the court summons and complaint. Or the tenant may request certain procedural rights, such as pretrial investigation of the facts or a jury trial.

Action may also be delayed if the tenant has substantive defenses against the eviction, such as the landlord's violation of the implied warranty of habitability, discrimination, or retaliation.