Legal Definitions - dispossess proceeding

Dispossess Proceeding

A dispossess proceeding is a streamlined legal action initiated by a landlord to quickly remove a tenant who has violated the terms of their lease agreement—most commonly by failing to pay rent or by remaining on the property after their lease has ended—and to reclaim control of the rental property. This process is designed to be more efficient than a standard lawsuit, focusing specifically on the landlord's right to regain possession.

Examples:

• A tenant, Mr. Johnson, has failed to pay his monthly rent for two consecutive months, despite receiving several written notices from his landlord, Ms. Rodriguez. Ms. Rodriguez needs to regain possession of the apartment to cover her mortgage and other expenses.

  Explanation: This scenario illustrates a dispossess proceeding because Ms. Rodriguez, the landlord, would initiate this quick legal process to "oust" Mr. Johnson, who is a "defaulting tenant" due to non-payment, and to "regain possession of the premises" (the apartment).

• The lease for a commercial office space explicitly prohibits the tenant from making structural alterations without the landlord's written consent. However, the tenant, a tech startup, begins demolishing an interior wall to create an open-plan office without seeking permission. The landlord, concerned about property damage and lease violations, wants to terminate the tenancy.

  Explanation: Here, the landlord would commence a dispossess proceeding to remove the tenant who is "defaulting" on a significant term of the lease (unauthorized alterations) and to "regain possession" of the office space to prevent further damage and ensure compliance with the lease terms.

• Sarah's one-year apartment lease expired on August 31st, and she was properly notified that the landlord would not be renewing it. Despite the lease ending and new tenants scheduled to move in on September 1st, Sarah refuses to vacate the apartment.

  Explanation: This is a classic example of a dispossess proceeding. The landlord would initiate this "summary procedure" to "oust" Sarah, who is a "defaulting tenant" by overstaying her lease, and to "regain possession of the premises" so the new tenants can move in as planned.