If the tenant has committed a violation that can be remedied by repairs or payment for damages, the landlord must first send them a 15-Day Pre-Termination Notice. The tenant must fix the violation or move out within the 15-day notice period; after this notice period, a 3-Day Notice to Quit can be delivered.

To inform a tenant that they are in violation of their lease, the landlord must have a state marshal deliver a 3-Day Notice to Quit (Form JD-HM-7) along with a Right to Counsel Notice. The tenant has three days to vacate the premises or an eviction lawsuit can be filed against them.

If the tenant doesn’t comply with the notice to quit, the landlord can start the eviction process (also known as a summary process). They will have to complete a Summons (Form JD-HM-32) and the appropriate complaint form:

• Complaint – Nonpayment of Rent (Form JD-HM-8)
• Complaint  – Termination of Lease by Lapse of Time (Form JD-HM-20)
• (For any other violation, the landlord must draft their own complaint form.)

The Summons, Complaint, and Notice to Quit (with a Return of Service) must be presented to the court clerk at the superior court in the county where the property is located. The clerk will sign the Summons, set a return date, and return the forms to the landlord.

The landlord can pay the state marshal to serve copies of all documents (including a Right to Counsel Notice) to the tenant at least six days before the return date. The marshal will complete another Return of Service form so the landlord can file it and all original documents with the court three days before the return date.

It is the tenant’s duty to respond to the Summons and Complaint by filing an Appearance (Form JD-CL-12) and a Summary Process Answer to Complaint (Form JD-HM-5) with the court no later than two days after the return date.

The landlord must receive copies of these forms, and if the tenant believes the landlord has no right to evict them, the landlord must complete and file a Reply to Special Defenses (Form JD-HM-16).

Should the tenant fail to file an Appearance in a timely manner, the landlord may file a Motion for Default for Failure to Appear and Judgment for Possession (Form JD-HM-9).

If the tenant has filed an Appearance but not an Answer to Complaint, a Motion for Judgment for Possession for Failure to Plead (Form JD-HM-10) can be filed.

The tenant has three days after receiving a copy of the applicable Motion to respond or risk a default judgment without a hearing (Step 8).

If the tenant has filed an Appearance and Answer, a trial date will be set. Before a judge hears the case, a housing mediator will be assigned to try to get the parties to agree upon a fair settlement.

Upon reaching an agreement, the judge will review the settlement, and a Motion for Judgment by Stipulation (Form JD-HM-13) will be filed. If the parties cannot reach a settlement with the mediator, the judge will hear the case and make a decision based on the evidence presented.

If the judge rules in favor of the landlord, either by trial or default judgment, the tenant has five days to vacate the property. However, the tenant may still be able to file a Stay of Execution Application (Form JD-HM-21), which asks the court to hold a hearing to enable them to stay an additional three to six months.

If the tenant doesn’t leave in time, the landlord must file a Summary Process Execution (Form JD-HM-2) and, if applicable, an Affidavit of Non-Compliance (Form JD-HM-22).

These forms must be sent to the tenant by the state marshal notifying them that they have 24 hours to vacate or they will be physically removed from the property by a marshal.