Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for choosing just answer.
The method of service controls whether or not you may request money damages at the same time possession is obtained in the eviction action. If the service of the complaint is such that the complaint is only posted on the premises the action can only be for possession. Usually, the Sheriff will just post the complaint for possession at the property. The tenant is not physically served the complaint.
If however personal service is obtained where the tenant is physically served with the complaint which contains a request for money damages as well as possession of the property the money damages claim can be heard and decided at the same time as the claim for possession.
If you found this answer useful please ACCEPT my answer; press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.