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Often, ejectment actions are necessary when people buy a foreclosed home, but the previous owners have refused to leave the property. Ejectment is also often used when a couple is co-habituating and then breaks up, and the person who doesnt own the home refuses to leave the property.
In Ejectment actions, the Plaintiff has an immediate right to regain possession of the property. In eviction actions, the landlord does not have immediate right to possession. The tenant has the right to possess the property until his contractual lease is terminated.
The Plaintiff must also plead that they have a right to immediate possession of the land. Some of the possible defenses to an ejectment action can be adverse possession, estoppel, res judicata or by proving that title exists as to a third person.
The basis for summary ejectment, as reflected by the complaint, is failure to pay rent in violation of a lease containing a forfeiture clause. The availability of judgment on the pleadings may mean plaintiffs, especially those having a number of cases, spend much less time in court.
Common defenses include adverse possession, where the defendant claims ownership based on continuous and open occupation of the property for a statutory period, and claims of leasehold rights, where the defendant asserts a legal right to occupy the property under a lease agreement.
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A complaint in ejectment is filed in the Office of Judicial Records which is located in City Hall room 296 or electronically through the Civil Electronic Filing System at . The cost is $333.23 + $17.00 per defendant.

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