Eviction Process

Before a tenant is physically evicted from his or her apartment, the landlord must go through a court proceeding. The process usually begins when the tenant either fails to pay the rent on time or the tenant breaches a term of the lease. The landlord will serve the tenant with a three-day notice to either pay the rent or quit the premises and cure the breach or quit the premises. A cure or quit notice is usually given after a violation of a term or condition of the lease or rental agreement, such as a no-pets clause. To avoid eviction proceedings, the tenant must "cure" the violation or move.
If the tenant fails to either pay the rent or cure any breaches of the lease during the three-day period and continues to remain in the apartment, the landlord will file an unlawful detainer action against the tenant. The landlord must properly serve the tenant with the court documents called a Summons and Complaint. Proper service can be accomplished by either personally handing the Summons and Complaint to the tenant or anyone over the age of 18 in the apartment, or the landlord may post the documents on the tenant's door and mail a copy to the tenant.
Once served, the tenant then has only five days, not counting the day of receiving the paperwork, to file his response, called an Answer. If the tenant fails to file an answer, a default judgment will be taken against the tenant. The tenant will then be evicted shortly thereafter.
If the tenant files an answer, the tenant will receive a notice of trial from the courthouse in about two to four weeks. Before the trial actually begins, the tenant has the opportunity to negotiate with the landlord for a mutually agreeable settlement.
If the tenant goes to trial and loses, the landlord will be granted a judgment giving him possession of the apartment and money damages, which includes the landlord's attorney's fees and costs of the eviction proceeding. The landlord will then deliver the judgment to the Marshall or sheriff to actually evict the tenant.
The Marshall will post a five-day Notice to Vacate on the tenant's door about 10 to 14 days after the trial. After the five-day notice is posted, it is a good idea to remove all valuables from the apartment, including medications, and store them at a safe place. If the tenant is still on the premises after the five-day period, the tenant will be locked out. The Marshall will physically remove the tenant's belongings from the apartment.
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