Before a landlord can proceed with an eviction suit, they must notify the tenant that they have violated their lease agreement and must vacate the premises or, if the circumstances allow, remedy the breach.

• 3-Day Notice to Quit for Non-Payment
• 7-Day Notice to Quit for Non-Compliance
• 30-Day Notice to Terminate Month-to-Month Lease

If the tenant doesn’t comply with the demands of the notice form, the landlord can file an eviction suit. First, they must download and complete the following forms:

• Civil Cover Sheet (Form 1.997)
• Complaint (choose one):
  • Complaint for Eviction (Form 5) (General)
  • Complaint for Eviction for Failure to Pay Rent (Form 5a) (Non-Payment)
  • Complaint for Eviction for Failure to Comply with Lease Other than Non-Payment (Form 6) (Violation)
• Summons – Eviction Claim (Form 7)
• Summons – Damages Claim (Form 8) (If complaint involves damages)

The landlord must file all documents, along with a copy of the notice to quit and the lease agreement, with the court clerk in the county where the property is located.

The tenant must receive a copy of the Complaint, the Summons, and the original notice to quit. A process server or county sheriff can deliver (for a fee) these documents to the tenant. If they are unable to hand-deliver the notice after two attempts, they may post it in a conspicuous spot on the rental property.

Once the papers have been served, the tenant has 5 days to file a response to the complaint for general eviction and 20 days if the complaint is for unpaid rent or damages.

If the tenant files a response in time, a hearing date will be set (Step 5).

If the tenant does not file any defenses against the eviction complaint, the landlord can file for default judgment.

• General Eviction:
  • Nonmilitary Affidavit (Form 81)
  • Motion for Clerk’s Default (Form 76)
  • Motion for Default Final Judgment (Form 78)

• Unpaid Rent/Damages:
  • Nonmilitary Affidavit (Form 81)
  • Motion for Clerk’s Default – Damages (Form 77)
  • Motion for Default Final Judgment – Damages (Form 79)
  • Affidavit of Damages (Form 80)

On the date of the hearing, the judge will hear statements from both parties and will review any relevant evidence. If the tenant wins the case, the judge may rule that the tenant can remain in possession of the property and the landlord may be instructed to pay court costs and attorney fees to the tenant. If the landlord wins, the judge will sign a Final Judgment.

If the judge rules in favor of the landlord, either after a hearing or by default judgment, a Final Judgment will be filed with the court. If it is a general eviction, Final Judgment – Eviction (Form 66) is used. If the judgment was for unpaid rent or damages, Final Judgment – Damages (Form 9) will be filed. The tenant must adhere to the final judgment or risk a Writ of Possession being filed against them.

Should the tenant fail to leave the property after a final judgment is ruled against them, a Writ of Possession (Form 11) can be filed by the landlord. This gives the tenant 24 hours to vacate the premises. If the tenant doesn’t comply, the county sheriff can forcibly remove the tenant from the property.