Collection Actions: 12.2.4 Special Tenant Defenses When Rental Debt Is Sought in an Eviction Proceeding
In some states, the same action can be used to evict a tenant and to collect on rental debt allegedly owed by the tenant. The eviction proceeding will be a summary statutory proceeding to quickly establish possession, and the damage award may be determined at some future date. Defaulting on the eviction claim may lead to a default on the damage claim as well, so tenants should make an appearance in court, even if there is no defense to the eviction, as there will often be defenses to the debt amount.