Before filing an eviction lawsuit against the tenant, the landlord must draft a written notice giving the tenant the appropriate number of days to comply.

• 7-Day Notice to Pay or Quit
• 14/30-Day Notice to Comply or Quit
• 30-Day Notice to Terminate a Month-to-Month Lease
• 5-Day Notice to Quit for Illegal Activity

The notice can be hand-delivered to the tenant, posted on the premises, or served by the sheriff’s office. State law doesn’t require a specific method of delivery.

If the tenant doesn’t comply with the notice terms within the given time frame, the landlord can file a Complaint for Restitution with the district or county court.

Once the complaint is processed, the landlord will be issued a Summons form which serves as a notice of the upcoming eviction lawsuit.

The court will arrange for the sheriff or constable to serve the Summons and Complaint on the tenant by handing it to them in person or posting it on the tenant’s door with a second copy sent by mail. The Summons will relay the date and place of the eviction hearing.

If the tenant wishes to contest the case, they can file an Answer with the court with a copy mailed to the landlord.

Both the landlord and tenant must appear in court for the eviction trial. If either person is absent, the court may rule in favor of whoever is present.

If the court rules in favor of the landlord, the tenant will be forced to vacate within a specific number of days. If the tenant wins, they can keep their lease.

Following the landlord’s victory in court, a Writ of Restitution may be requested, which authorizes the sheriff’s department to remove the tenant from the property within 10 days.

To obtain a writ of restitution, the landlord must file a Petition for a Writ of Restitution/Execution with the court. The sheriff’s department will then serve the Writ.

If the tenant still hasn’t moved out, the sheriff’s department will visit the premises on the date stated in the Writ of Restitution and force them to vacate the property.