The first step in removing an unwanted tenant is preparing the appropriate notice to vacate to serve on them. A tenant may be required to vacate due to a violation or because the landlord wishes to terminate a periodic tenancy.

• 3-Day Notice to Pay or Vacate
• 3-Day Notice to Comply or Vacate
• 3-Day Notice for Non-Remediable Violation
• 3-Day Notice for Committing Waste
• 3-Day Notice for Nuisance
• 3-Day Notice for Criminal Nuisance
• 3-Day Notice for Criminal Act
• 3-Day Notice for Assigning or Subletting
• 3-Day Notice for Unlawful Business
• 5-Day Notice for Tenancy At-Will
• 15-Day Notice to Vacate (Lease Termination)

The completed form must be served (by the landlord or any individual) using one of the following methods:

• In person to the tenant
• By certified or registered mail
• To a person of suitable age, with a copy mailed to the tenant (if they are not home)
• By posting it on the premises (if the tenant is away and no one of suitable age is home)

If the notice period expires and the tenant doesn’t leave, the landlord can file an unlawful detainer (eviction) suit at their district court.

The landlord must create an account on the Online Court Assistance Program (OCAP) and go through the interview process to create their eviction forms. Once the interview is complete, OCAP will provide the Complaint and Summons forms.

The landlord must file the following with the court:

• Summons
• Complaint
• Notice to Defendant of Disclosure Requirements
• A copy of the lease and eviction notice
• An explanation of the eviction reason
• An itemized list of any amounts owed by the tenant (if applicable)

The landlord must arrange to have the Summons and Complaint served on the tenant (usually by a sheriff, constable, or process server). The serving party will then give the landlord a Proof of Completed Service for them to file with the court.

The tenant must respond within three days by filing an Answer with the court and serving it on the landlord. Failing to respond allows the landlord to file a Motion for Default Judgment to obtain an Order of Restitution without a hearing or trial.

Either party may request an occupancy hearing after the tenant’s response is filed.

At the hearing, the judge will determine which party has the right to the premises. If the landlord wins, the judge will issue an Order of Restitution, granting the landlord possession of the premises (a default judgment against the tenant will be ruled if they fail to appear).

If the judge cannot resolve the case at the hearing, they may schedule an additional trial.

An officer, constable, or private investigator will serve the following forms on the tenant:

• Order of Restitution – Requires the tenant to move out within three days or be forcibly removed from the premises.
• Request for Hearing Regarding Enforcement of an Order of Restitution – Can be filed by the tenant to object to the Order for Restitution.

If the tenant has not moved out within three days, and the court rejects any request for an additional hearing, an officer will evict them from the residence and remove their belongings.