Before a tenant can be evicted from their rented property, their landlord must notify them of their breach allow them to remedy the issue, if applicable. The landlord must have a process server deliver the appropriate form to the tenant:

• Demand for Compliance (Form JDF-99)
• Notice to Terminate Tenancy (Form JDF 99 B)
• Notice of No-Fault Eviction (Form JDF 99 C)

If the tenant fails to comply with the notice, a forcible entry and detainer action (eviction) may be filed by the landlord. The landlord will need to download and complete the following forms:

• Eviction Complaint (JDF-101)
• Eviction Summons (JDF-102)
• Eviction Answer (JDF-103) (complete only case caption)

The landlord should make copies of the documents mentioned above as well as a copy of the lease and the eviction notice they delivered to the tenant. All forms must be filed with the county court where the property is located.

If the landlord believes the filing fees should be waived, they can also file a Motion to Waive Fees (JDF-205). The clerk will set a date and time for the hearing.

At least seven (7) days before the court date on the Summons, the landlord must hire a process server (or sheriff’s department or an eligible third party) to serve all documents to the tenant(s). The landlord is responsible for paying any fees associated with serving these papers. Furthermore, they must provide the process server with an Affidavit of Service (Form PDF-98) (number of affidavits must match the number of tenants). The server will return the original Summons and completed Affidavit of Service to be filed with the court clerk.

If personal service is not successful, the server must post the documents on the door of the tenant’s property. In addition, the landlord must mail copies of all these documents (postage prepaid, first-class mail) and complete the certificate of mailing section on the Summons form.

Both parties should appear before the court on the date marked on the Summons form. As long as the landlord and tenant(s) show up, a decision will be made based on one of the following occurrences:

1. The parties can agree to a stipulation which means certain requirements must be met by the tenant (i.e., vacating the property, paying money owed + other costs, or remaining on the property but agreeing to specific conditions). A Stipulated Agreement (Form JDF-106 A) must be completed and approved by the court, and an Order re: Stipulated Agreement (Form JDF-106 B) must be filed at the same time.
2. The landlord may decide that they want to discuss the matter further with the tenant at this first appearance or give them another opportunity to agree to a stipulation.
3. The tenant files an Eviction Answer (JDF-103) to assert a defense against the suit, file a counterclaim, and request a trial, either by judge or jury. (This must happen on or before the first appearance date.)

If the tenant does not appear or if they do not file an Answer, the court may award possession and monetary judgment to the landlord. (Motion for Entry of Judgment (Form JDF-107 A) and Judgment Order (Form JDF-107 B) must be filed.) 

At the trial, the court will hear testimony from both parties, and evidence may be presented. If the landlord prevails, they can file a Motion for Entry of Judgment (Form JDF-107 A) to claim possession of the property. A Judgment Order (Form JDF-107 B) must be filed at the same time and, if the motion is approved, it will be completed and signed by the court clerk. Form JDF-107 A also gives the landlord the opportunity to request monetary judgment, such as court costs, processing fees, and attorneys’ fees.

Should the tenant refuse to vacate the premises within forty-eight (48) hours of the judgment date, a Writ of Restitution (Form JDF-109) can be filed with the court. The landlord will have to contact the county sheriff to execute the Writ of Restitution. Once completed, the sheriff can forcibly remove the tenant from the property.