Evictions

An eviction suit (also called a "forcible detainer") is the process by which a landlord tries to regain possession of rented property. The suit begins with a notice to vacate. A notice to vacate is the landlord's written request that the tenant move. A notice to vacate may also be a request that the tenant either pay overdue rent within a specified time or move out. Remember that a notice to vacate is only the landlords' request that the tenant move. A landlord may not lawfully resort to self-help measures such as putting a tenant's property out on the street.

If the tenant doesn't leave by the date stated in the notice to vacate, the landlord may choose to take the second step toward eviction, filing an eviction suit in Justice Court. Eviction suits have to be filed in Justice Court in the precinct where the property is located.

In the next step, a Constable or other process server will give the tenant a citation and a copy of the eviction suit. The citation states when and where the tenant must appear to contest the eviction. The court date must be between six and ten days after the date on which the tenant was served. If the tenant does not appear at trial, the court will grant a default judgment against the tenant. If the landlord doesn't show up, the case is usually dismissed.

Next, there will be a trial to determine the right to possession of the premises. The landlord may include a suit for rent with the eviction suit. If the tenant has any causes of action against the landlord, they must be filed in a separate lawsuit. The tenant may have a jury trial by requesting a jury and paying $5.00 within five days of when he or she was served with the citation.

If the tenant loses at trial, the judge must give the tenant at least five days to move or to appeal to a higher court. The failure of the tenant to appeal or move within this period could result in all of the tenant's possessions located in the rental property being put in storage. If the tenant is unable to pay to get the goods out of storage, they may be sold.

If the eviction suit was brought because of a failure to pay rent or because the tenant held over after the lease expired, the landlord may be represented at trial by an authorized agent, such as an apartment manager. However, if the case involves other claims against the tenant, the landlord must represent himself or hire an attorney.

The information provided above should not be construed as legal advice.