Suits for Past Due Rent

A landlord can sue for damages, such as past due rent, late fees, legal interest, and court costs.

A suit for past due rent is an ordinary proceeding, not a summary proceeding like an eviction. Because of this, a defendant has 10 days to answer after being served.

A suit for past due rent may be filed at the same time as an eviction. However, if the two suits are combined, the suit must be served through either personal or domiciliary service and the tenant has 10 days to answer the suit.

For a written lease, attorney's fees may only be included in a judgment for past due rent if the lease provides for it.

For an oral lease, attorney's fees are permissible only if the landlord has sent written demand setting forth the correct amount of rent owed and the tenant fails to pay within twenty (20) days after delivery. This demand may be sent by certified mail, personal delivery, or tacking on the door of the leased premises.