Going to Court for an Eviction Action as a Landlord
- To file an eviction action, the landlord must do several things.
- First, you must fill out a complaint and a summons,
- Attach a copy of the breach notice you gave the tenant and a Residential Eviction Information Sheet.
- And then file the lawsuit in the proper court.
- Go to Find My Court where the hearing will be held. First, click on Find my Court, then click on Justice Courts, then insert the street, town, or city name of the court.
- Court details, such as parking, hours of operation, methods of payment, and contact information are listed.
- These documents must be delivered to the tenant by a process server or constable.
- You will receive an affidavit of service once the lawsuit is served.
- A court date will be set, usually in 5 to 8 days.
- The landlord should bring a copy of the notice, lease, accounting ledger, and affidavit of service to the court hearing.
- The court will call the case and the landlord and the tenant will walk up to the bench.
- The judge will swear in both parties and ask the landlord questions about what is alleged in the complaint.
- The judge will ask the tenant if they agree or disagree with the allegations.
- The judge will either grant a judgment or set it for trial.
- If the eviction is granted, the tenant must move out in 5 days after a judgment is issued,
- or within 24 hours if the eviction action was based on an immediate and irreparable breach.
- If the tenant does not move out within this time frame, the landlord can ask the judge for an order to have the tenant removed from the home. This order is called a writ of restitution.
- Only a constable or sheriff can serve the writ and make the tenant move.
- The landlord cannot change the locks or enter the rental unit until the writ of restitution has been issued by the court and served by the constable or sheriff.
- For more information about what to expect once you get to court, watch the video entitled “What Will Happen in Court.”
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