Eviction (Forcible Entry & Detainer)
There are no forms available from the Clerk’s Office for this procedure.
This type of complaint is filed by a landlord (or their attorney) against tenants who have failed to keep their rent current. It may also be filed due to a violation of the lease. If anyone has co-signed a lease, they are also named in this type of complaint and are responsible for any past due rent and damages incurred.
Eviction complaints usually have two causes of action – the first cause is for the restitution (return) of the premises, and the second cause is for the past due rent and any damages that may have been made to the premises. An individual has twenty-eight (28) days to answer the second cause of action in the same manner as in a civil complaint.
Eviction complaints are served as requested by the party filing the case.
After a landlord has received judgment for restitution of the premises, the tenant(s) should voluntarily move out as soon as possible. A writ of restitution is issued at the eviction hearing. If a tenant does not voluntarily move out, the landlord may enforce the writ. Once a writ of restitution is issued, it becomes the responsibility of the plaintiff to physically move an individual’s personal belongings out of the premises. The landlord is to contact the bailiff to set up a time to take an inventory of the property prior to the removal of items. The landlord or court is not responsible for any theft or damage to a tenant’s belongings as a result of an eviction. Therefore, it is in the best interests of a tenant to move their own belongings voluntarily.
YOU are responsible for locating all forms needed to do an eviction. The court does NOT provide the forms. We will file whatever forms you provide. We cannot tell you if they are the correct forms, how to fill them out or give legal advice of any kind. If you have any questions or concerns contact your attorney.
Filing an eviction for restitution of the property only will be scheduled for one hearing. If you file an eviction for restitution of the property with a request for back rent and or damages there will be two hearings. The first hearing is for the restitution of the property only. The second hearing is for the money portion of your complaint and will not be scheduled until after appropriate service has been made and requested by you.
- If they are still in the property after the time has expired that they were given on their notice to leave the property you will need to bring the following forms to the court to be filed.
- Copy of the notice to leave the property that you served the tenants
- Copy of the written lease (if there is one)
- Complaint form
- You will need the original & enough copies of each of these forms for each person listed on the complaint form for each type of service requested
- Posting on the door & regular mail service requires a minimum of 2 copies and the original for the court (if you are evicting 2 people then you will need a minimum of 4 copies plus the original for the court & so on)
- Personal/Residence service or certified mail requires a minimum of 1 copy plus the original for the court (if you are evicting 2 people then you need 2 copies and the original for the court and so on)
- See the Civil Cost Schedule for fee information.
These are just suggested guidelines & information which in no way constitutes advice. If you have questions you need to contact your attorney.