When a tenant is in violation of their lease, the landlord is not required to send them a notice to quit, nor do they have to give the tenant the opportunity to cure the violation. If they do wish to warn them about an imminent eviction suit, they may send one of the following notices:

• Notice to Quit for Non-Payment
• Notice to Quit for Non-Compliance
• Notice to Quit for Property Damage

However, the law does require that landlords send a Notice to Terminate Month-to-Month Tenancy to notify a tenant that their periodic lease will not be renewed.

Any time a tenant has violated their lease, the landlord can file a wrongful occupation suit with the magistrate or circuit court in the county where the property is located.

The landlord must file a Petition for Summary Relief and a Civil Summons and pay the appropriate fees. A hearing date and time must be requested as well, which must be between five and ten days from the date of the request.

After the court sets a hearing date, the landlord must serve the Summons to the tenant. Typically, the landlord will pay the sheriff’s office to serve the hearing notice, but any disinterested party 18 or older can deliver the summons to the tenant in one of the following manners:

• In-person to the tenant
• In-person to a member of the tenant’s household over 16
• In-person to the tenant’s agent
• Certified mail with return receipt
• First class mail, postage prepaid

The tenant should file an Answer form with the court if they want to defend their case. This must be done within five days of receiving the Summons, and a copy must be delivered to the landlord.

If the case was filed with the magistrate court, the tenant can request that it be transferred to the circuit court to be heard by a judge. (Circuit court judges are lawyers, magistrates are not.) This transfer is only possible if the tenant is being sued for at least $300. A hearing will be scheduled usually between seven and ten days from the request.

If the tenant’s only violation was failing to pay rent on time, they can dismiss the wrongful occupation case by paying the landlord all overdue rent, late fees, and any court costs incurred. This must be done before the hearing, and the payment must be made in full by cash, certified check, or money order.

If the tenant does not attend the hearing, the court will enter an order for immediate possession by the landlord. Should the tenant attend the hearing, both parties will be able to defend their case by making statements and presenting evidence.

If the magistrate or judge rules in favor of the tenant, they will be permitted to stay on the premises. A ruling in favor of the landlord will require that the tenant pay any damages and rent in arrears and vacate the property. The magistrate or judge will set the date by which the tenant must vacate the premises.

The landlord may file for a Writ of Possession if the tenant does not leave the property by the date set by the judge/magistrate. This document provides the sheriff’s department with the authority to oversee the removal of the tenant and, if necessary, forcibly remove them.