Eviction Unlawful Detainer Motion to Quash – What?!

 

Landlord Tenant BookAs a landlord, what do you do if your tenant files a motion to quash service after you file your eviction case in court? Well, first you must know what a motion to quash means. Generally, a motion to quash in an eviction case is filed by your tenant when they want to challenge the summons, the service of the summons, or the complaint itself. Basically, when a tenant files a motion to quash, the tenant is usually saying they were not served or not served properly.

If a tenant files a motion to quash, the motion date in which the motion will be heard will probably be set for about a week in the future. In most cases, if the landlord’s case is strong and was served properly, the landlord should oppose the motion.

When a tenant files a motion to quash, they may state in their pleadings that they are making a “special appearance,” meaning they are not subjected to the court’s jurisdiction yet.

Oftentimes, the filing of a motion to quash by a tenant is nothing more than a delay tactic. On a recent case I had, a tenant filed a motion to quash, saying they were not served properly. This, of course, was false. The tenant appeared at the motion to quash hearing, the judge denied the motion, and then the tenant had only 5 days to respond/Answer the complaint!

Landlords should hire an attorney to assist them with an unlawful detainer, because the attorney will know the rules and probably get the case resolved sooner. Unlawful detainer eviction cases are fraught with intricacies and the prudent course of action for a landlord would be to hire an attorney.

Read David Piotrowski’s “Landlord Best Practices and Eviction Overview” book. If you need help with an evictioncontact us today.

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