A summary proceeding is a type of court action that simplifies the legal process by eliminating certain formal procedures, such as discovery. This expedited process is commonly used in landlord-tenant disputes. Summary proceedings allow for quicker resolutions in cases where immediate action is necessary, such as when a tenant overstays their lease or fails to pay rent.
Summary proceedings are primarily utilized in landlord-tenant law, but they also appear in family law and probate matters. In landlord-tenant cases, these proceedings can address issues like:
Users can often manage these processes themselves using legal templates available through services like US Legal Forms, which provide the necessary documents drafted by attorneys.
Here are a couple of examples of abatement:
Example 1: A landlord files a summary proceeding against a tenant who has not paid rent for two consecutive months, seeking to recover possession of the property.
Example 2: A landlord initiates a holdover proceeding against a tenant who refuses to vacate the apartment after the lease has expired (hypothetical example).
| State | Summary Proceedings Variations |
|---|---|
| California | Summary proceedings are commonly used for unlawful detainer actions. |
| New York | Summary proceedings include specific timelines for eviction processes. |
| Texas | Summary proceedings can expedite eviction for non-payment of rent. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Description |
|---|---|
| Regular proceedings | Follow standard legal procedures, including discovery and longer timelines. |
| Eviction proceedings | Specifically focus on removing a tenant from a property, which can be a type of summary proceeding. |
If you find yourself involved in a summary proceeding, consider the following steps:
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A summary proceeding is a court action that simplifies legal processes, often used in landlord-tenant disputes.