Collecting the rent and proceeding with evictions are two different processes. Either the tenant pays the rent or faces eviction.
in a commercial eviction does the landlord need to apply to a court for an eviction notice?
no. don't pay anything if you haven't signed anything saying you are going to pay (contract) it or a judge orders you to pay it.
Not necessarily: this depends on how much money you have paid the landlord. If you paid all of the money you owed the landlord before hand and then your current rent, then the eviction is canceled. Please note that an eviction is complete when you are forced to move out of the apartment, not when the judge issues a writ of ejectment. This is because the landlord must take every step during the eviction process in order to proceed with it.
Appear in court to contest the attempted eviction or settle with the landlord.
Never!!
If the eviction was based on some breach by the tenant, then yes. If it was brought by the landlord simply because he wants the apartment back, or if the landlord lost the case, then no.
An illegal eviction is an eviction where the landlord did not follow the state statutory requirements on evictions. Requirements on evictions will vary from state to state.
This depends upon the reason for the eviction, as the process is normally faster when it's an eviction for nonpayment of rent. An eviction process for this type of eviction is about three weeks from the date the eviction is filed, keeping in mind that before the eviction can get filed the landlord must post a three day notice on the door or deliver it otherwise to the tenant. If the eviction is for other reasons than the process can be longer but the tenant will still have to pay rent, more likely to the clerk's office instead of the landlord (the landlord will eventually get that money -14% in fees for the clerk).
Sure. It depends on the nature and cause of the eviction, and how forgiving your new landlord-to-be is about such things.
A stipulation in an eviction is a agreement where the landlord and tenant agree to something, such as a move-out date, payment of rent for dismissal of the eviction, etc.
A tenant would file a law suit to get damages, to get something they are due that the landlord won't give them. If the landlord is overcharging, then the tenant would simply not pay the over-charge and tell the landlord this in writing with an explanation. If the landlord tries to evict, the tenant has a chance to explain in court why the eviction is wrong. If the judge agrees, the eviction will be denied. If the judge agrees with the landlord, then they decided you were wrong to think you were being overcharged.