What must occur before a landlord may file to dispossess a tenant?
There must be a landlord – tenant relationship. If the person living in the house or apartment is not a “tenant,” the action will may not be legally maintained. For example, individuals who are buying a house on a “Lease – Purchase,” arraignment may or may not be tenants. They may be owners. If the “tenant” is in fact an “owner,” then the dispossessory must stand dismissed. This defense is often raised, but frequently unsuccessful.
