Eviction can be a stressful and complicated process for landlords. It is best to seek legal help to navigate the process correctly.
- Give or receive notice
Landlords must choose the correct notice type based on the legal reason for notice and deliver it properly to a tenant.The response time depends on the notice:
- 3-Day Notice to Pay Rent or Quit: A tenant is not paying rent on time or is not paying rent.
- 3-Day Notice to Perform Covenants or Quit: A tenant needs to fix a problem violated in lease of rental agreement.
- 3-Day Notice to Quit: A tenant has made significant damage to property, is causing a nuisance, or participation in illegal activities.
- 30 Day and 60 Day Notice to Vacate: A tenant is notified the landlord is ending a month-to-month rental agreement. For a tenant who has lived at the property for less than a year only a 30-Day Notice is required. For a tenant who has lived at the property for over a year a 60-Day Notice is required.
Please note a landlord cannot evict a tenant based on discrimination or for retaliation. A landlord cannot force tenants out of home illegally.
- File a complaint
If the tenant does not comply with the notice, a landlord can file an unlawful detainer case with the court. The case will include:
- A copy of the lease or rental agreement
- A copy of the Notice given to tenants
- A copy of written proof the tenant received Notice
- Any other proof or information to show the judge a tenant should move out.
These forms called the Summons and Complaint form will need to be recorded and filed at the Court Clerk’s office.The tenant will also need to be served. If the tenant is handed the papers they have 10 days to respond. If the tenant receives the papers by substituted service, posting, or mailing, they have 20 days to respond. Tenants can file an Answer to the court explaining what happened.
- Ask for trial date or default judgment
If a tenant does not respond within the time frame a tenant can file a default judgement asking the judge to order the tenant to move out. If the tenant filed an Answer a landlord will file a Request to Set Case for Trial-Unlawful Detainer. The tenant will need to be served the request by mail and fill out proof of service. If the tenant moved out, the eviction case will need to be closed. Other cases can be started for owed rent or damages.
- Go to trial
Both the landlord and tenant will have the chance to present their sides. Documentation will be needed. Some examples of useful documentation include; a copy of the lease or rental agreement, the notice of service and proof of delivery, evidence supporting the case, and communication with the tenant about the issue. The judge will listen and make a decision.
- After trial
If the landlord wins the case the court will issue a judgement for possession meaning they have the legal right to regain control over property, They can then request a Writ of Possession, authorizing the sheriff to remove the tenant if they do not leave voluntarily. If the tenant wins, they get to stay in their home, and the landlord may be ordered to pay some of their court costs. Either party has the right to appeal the decision or ask for a new trial within a window of time.