Real Estate Litigation
Landlord-Tenant and Commercial Leasing
The action addresses possession only, proceeding on an expedited schedule with limited pleadings and restricted counterclaims. Rent and damages may be recoverable in the same action or reserved for separate suit.
Jury trial rights vary by jurisdiction.
Alternative Names:
Forcible Detainer|Summary Eviction Proceeding
Why it Matters?
The possession-only scope is what enables the expedited timeline, and courts routinely refuse counterclaims that would convert the proceeding into ordinary litigation. A tenant with substantial affirmative claims frequently must raise them separately, which is a strategic disadvantage the summary procedure creates deliberately. Habitability defenses are the exception most jurisdictions permit because they bear directly on the rent obligation.
Frequently Confused with
Related terms
Frequently asked questions
Why are counterclaims restricted?
Which defenses are permitted?
