The eviction process begins with the landlord giving the tenant a notice to quit. They must try to hand the notice directly to the tenant or someone on the property who is at least 12 years old.

If in-person service fails, the notice may be posted on the premises and mailed to the tenant.

• 5-Day Notice to Quit for Non-Payment
• 15-Day Notice to Quit for Non-Compliance
• 30-Day Notice to Terminate Month-to-Month Tenancy
• Immediate Notice to Quit for Illegal Activity

If the tenant doesn’t fix the problem and the notice expires, the landlord must obtain a Summons from the District Court by filing an Affidavit (fees apply). Other forms may be required so it’s recommended that landlords contact the court clerk for filing requirements.

The Summons must be served on the tenant (or another occupant over 15) at least 3 days before the hearing. If in-person service fails, the Summons can be mailed to the tenant with the return receipt postmarked at least three days before the hearing.

Before the landlord and tenant present their case before a judge, the parties may attempt to reach an agreement. If they’re unable to settle, a judge will evaluate the case and issue a decision.

If the ruling favors the landlord, the judge will issue an order for possession and/or a money judgment, ordering the tenant to vacate and, in some cases, pay back rent and damages.

If the tenant does not vacate by the time ordered by the judge, the landlord may request a Writ of Execution from the court, giving the tenant 48 hours to vacate.

The landlord or sheriff can deliver the Writ directly to the tenant (or another occupant at least 15 years old), or if in-person service is unsuccessful, it can be posted on the premises. If the tenant does not comply within 48 hours, the sheriff will return to remove them from the property.