Supplemental Complaint for Damages
Supplemental Complaint for Money Damages
In the event the landlord wishes to obtain a money judgment as part of the eviction proceeding, paragraph 12 must be checked, setting forth the claim in detail and pay the additional filing fee. If the amount of the money claim is not known, such as the final amount of rent due or the extent of any physical damage, paragraph 12 should be checked; with the indication "damages to be determined."
Importance of Personally Servicing
The Summons and Complaint must be personally served upon the tenant. Service by attachment is insufficient to obtain a money judgment.
If the landlord wishes to obtain a money judgment for only the amount of unpaid rent and taxable costs set forth in the possessory judgment no further pleadings are necessary. Twenty-one days after personal service of the Summons and Complaint, if the tenant has not filed an answer, a money judgment may be obtained by filling the Default Notice (DC12LT DEFAULT (PDF)). If an Answer is filed, contesting the money claim, the court clerk will schedule a date for that trial. At the trial both parties must appear and bring all the documents, contracts, receipts and any witnesses necessary to present their respective claims or defenses.
If the landlord wants a money judgment in excess of the amount of the possessory judgment and paragraph 12 does not allege a specific amount, an Amended Supplementary Complaint must be filed. The total amount of rent due and any claim for property damage must be set forth in detail. The Amended Supplemental Complaint must again be personally served upon the tenant. The tenant has 21 days after service of the Complaint or the Amended Supplemental Complaint within which to answer the money claim. If an Answer is filed the money claim will be scheduled for trial by the court clerk. At the trial both parties must appear and bring all the documents, contracts, receipts and any witnesses necessary to present their respective claims or defenses. After the expiration of the 21 days if an Answer is not filed, contesting the money claim, the Affidavit of Default and Request for a Default money judgment may enter (DC 12 LT DEFAULT (PDF)). The collection procedure of a money judgment is the same as any other civil judgment.
A claim for unpaid rent and/or damages may be preserved and filed as a separate Small Claims action, subsequent to obtaining a judgment of possession. It should be noted here, that if a security deposit was taken, all requirements of the Security Deposit Act must be satisfied. As a general rule, an action for damages must be filed within 45 days after termination of tenancy.