Motion for Summary Judgment
What this document covers
The Motion for Summary Judgment is a legal document submitted by a plaintiff requesting the court to render a judgment in their favor without the necessity of a trial. This form is essential when a defendant has defaulted in a lease agreement, such as failing to vacate a rented property after the lease has ended. Unlike other legal motions, this form focuses specifically on claims related to breaches of lease agreements and the subsequent remedies available to landlords. It effectively outlines the grounds for entering judgment based on established facts and legal precedent.
What’s included in this form
- Identification of parties involved: Lists the appellant and appellee in the case.
- Statement of Ownership: Confirms the landlord's ownership of the leased property and the lease agreement's terms.
- Facts of the Case: Details the timeline of occupancy, non-payment, and any eviction actions taken.
- Legal Basis for Judgment: References specific statutory provisions that support the motion for summary judgment.
- Details of Prior Judgments: Includes mention of any previous judgments related to unpaid rent during the lease term.
- Request for Relief: Clearly states the plaintiffâs request, including the amount owed and other related demands, such as interest and court costs.
When to use this form
This form should be used in scenarios where a landlord is asserting that a tenant has failed to leave rental property after the lease has ended. It is appropriate when: 1. The tenant has not paid rent during the holdover period.2. An eviction process has been initiated, and despite the court's orders, the tenant continues to occupy the property.3. There is a basis to recover statutory penalties for the holdover tenancy.
Who can use this document
- Landlords or property owners seeking to regain possession of their property after a lease has expired.
- Legal representatives or attorneys acting on behalf of landlords in eviction proceedings.
- Property management companies managing leased properties where tenants have defaulted.
Steps to complete this form
- Identify the parties involved: Enter the names of the appellant and appellee.
- Specify the property: Provide the address and details of the office under lease.
- Document the timeline: Fill in the dates related to the lease term, eviction notice, and tenant vacating the premises.
- Include factual admissions: Highlight specific facts the tenant admitted to regarding their occupancy and obligations.
- State the amount owed: Calculate and state the total amount of rent and any penalties sought.
- Conclude with the request for judgment: Clearly articulate the relief sought, including any interest and costs.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Typical mistakes to avoid
- Failing to include all necessary parties, which can lead to delays or dismissals.
- Omitting critical factual details that support the motion for summary judgment.
- Neglecting to correctly calculate the amount owed, including penalties and interest.
- Not adhering to local or state-specific legal requirements for submitting motions.
Benefits of using this form online
- Convenience of immediate access to legal forms that can be downloaded and completed at your own pace.
- Editability allows for easy customization to fit specific legal scenarios and local jurisdictions.
- Reliability of forms drafted by licensed attorneys, ensuring compliance with current legal standards.
Legal use & context
- Using this form correctly can facilitate a quicker resolution to disputes regarding lease terminations.
- It is important to ensure all facts are substantiated with evidence, as courts rely on these details for judgments.
- Understanding local landlord-tenant laws is crucial in properly utilizing this form to avoid potential legal pitfalls.
Quick recap
- The Motion for Summary Judgment is essential for landlords dealing with tenants who remain after lease termination.
- Accurate completion of this form can expedite legal processes and lead to a favorable outcome.
- Always refer to specific state laws to ensure compliance and correct formatting.
Form popularity
FAQ
Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.
Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.
Attack the Legal Argument. The first place to look for a weakness in your opponent's motion is at their legal argument. Attack the Evidence. Attack the Separate Statement. Consider Whether Your Opponent's Motion Meets its Burden. Consider Seeking a Continuance to Conduct More Discovery. Conclusion.
When filing a motion for summary judgment, the motion must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court following the applicable rules of evidence.
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
Filing an Opposition to a Motion for Summary Judgment A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
As the name implies, the motion for summary judgment is a motion filed by one of the parties seeking to obtain a judgment on all or part of the case in a summary fashion. An issue or case which is decided by summary judgment is not allowed to be presented to a judge or jury at trial.
