| Eviction Procedures: (if for non-payment of rent) | ||||||||
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1. Send the tenant(s) a notice of nonpayment of rent or a notice to quit. 2. Next the landlord must go to the Clerk of Court for Forcible Entry and Detainer notice. This notice will probably be given to the tenant by a Sheriff or else it will be mailed. This should include the reason for the eviction, the date of the scheduled eviction hearing, and the signature of the landlord, or the landlord's attorney. The hearing is then suppose to take place within seven days of the time the landlord filed the eviction notice. In addition to evicting the tenant, the landlord may sue the tenant for unpaid rent or damage. Generally the date and time of the eviction hearing is set up automatically. The date and time will be on the Original Notice. The hearing that is for the action of back rent or damages, is not automatically set up. The tenant must fill in a form and return it to the Clerk of Court. This form is usually included with all of the other papers. The tenant has twenty days to return this form and if they don't, they automatically lose. If the tenant does return the form, a hearing will be set up later. 3. Eviction Hearing: The tenant must appear in court on the date stated or the tenant automatically loses. The landlord also loses if they don't show up. After hearing both sides of the story, the judge can rule for either party. If they rule for the landlord , an Order of Removal will be issued, and the landlord will receive a Writ of Removal. If the tenant is not out by the date and time stated, the Sheriff's office will remove the tenant and the tenant's property. Unless the court rules otherwise, tenants who lose at the hearing could be evicted within one day. They could ask the court to order that they be allowed to stay a few days after the judgment, as long as they are out witch in three days. The judge is not obliged to allow them this time. If the tenant wins, he or she can remain a tenant and the landlord may even have to pay the tenant any money the court finds is owed to the tenant. |
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The information contained in this site is not legal advice. For legal advice, contact Student Legal Services. |