The Eviction Process

There are basically 4 steps in the eviction process, detailed below.

The Notice to Vacate
If a landlord alleges a tenant is not paying rent, the landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested), or by any other method allowed by law.

Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

Filing the Suit
You must file a Petition for Eviction with the court and pay court costs of $131. These court costs pay for the filing of your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant, that you are attempting to evict him.

Going to Court
You must go to Court and prove your case by a preponderance of the evidence. Simply filing a suit does not necessarily mean you will win your suit. You should bring all documents and other evidence with you to Court in a well organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.

Writ of Possession
If you have won your suit in Court, the mandatory five day appeal period has passed, and the other party is still in the premises, you can file a Writ of Possession in Court.

A Writ of Possession is a Court order to the Constable to place you in possession of the property. The Writ of Possession will cost you an additional $207, and may be requested at the Justice of Peace office where the judgment is. The Constable of your particular precinct can answer your questions about the Writ.