To begin the eviction process, the landlord must draft a written notice explaining the reason the tenant is being evicted and the number of days they have to comply before legal action is taken.

• 3-Day Notice to Quit for Non-Payment
• 7-Day Notice to Quit for Lease Violation
• 30-Day Notice to Terminate for Month-to-Month Lease
• 3-Day Notice to Quit for Substantial Violation of Lease

The notice to quit must be delivered to the tenant by hand, posted on the property, or sent by mail. After the notice is served, the landlord will need to fill out and sign the service portion of their copy.

The landlord can file for eviction if the tenant doesn’t comply with the notice to quit.

To open a case, the landlord must complete a Petition by Owner for Restitution, attach the expired notice to quit, and file them with the clerk’s office of the District, Metropolitan, or Magistrate court associated with the property’s location.

The clerk will prepare a service packet for the landlord, the Petition, an Answer to Petition for Restitution form, and Summons and Notice of Trial.

After receiving the service packet, the landlord must arrange to have it delivered to the tenant at least seven days before the trial date. Service must be completed by the County Sheriff, a private process server, or an adult who is not involved with the case.

The service packet must be given directly to the tenant or a member of the household who is at least 15, or posted on the premises with an additional copy sent by certified mail.

The server must complete the return of service portion of the and file it with the court.

If the tenant chooses to contest the landlord’s petition, they will need to fill out the Answer and file it with the court before the deadline indicated in the Summons (or the trial date, whichever is sooner).

On the date of the trial, both parties will present their case. The judge will then make a ruling and sign a Judgment for Restitution in the prevailing party’s favor.

In the event that either party does not appear in court, the court will most likely rule in favor of the person in attendance. If the landlord prevails, the judge will set an eviction date in the Judgment

If the tenant does not vacate the rental property by the eviction date, the landlord can request a Writ of Restitution from the court clerk.

Once obtained, this form must be given to the county sheriff who will complete the eviction process by serving the Writ and, if necessary, physically remove the tenant.