United States. Science News Roundup: Older date for Ethiopian fossils sheds light on rise o Give Feedback. If a tenant refuses to leave the premises after their tenancy has been terminated, a landlord may start an eviction action.
The tenant s will be served a summons and complaint. This is their notice to appear in court, it does not mean they are evicted. In court, the judge asks tenant s and the landlord to explain their sides and then will make a decision about the eviction.
If you receive a summons for eviction, seek the help of a legal aid service look up LEGAL AID in the yellow pages of your phone book or consult with a private attorney call the State Bar of Wisconsin Lawyer Referral Service or States have different names for this process.
California calls it an action in unlawful detainer , for example, whereas Ohio calls it a complaint for eviction. If you ask the court clerk for an eviction pack, she'll know what you're talking about.
Generally, you will file at the district courthouse for the county where the rental property is located. But if the tenant owes you a lot of rent, and you want a money judgment for the debt, then you may need to file in a superior court.
Each state has its own court system and its financial cut off. Call the clerk of the district court for guidance if you're unsure. Only you, the landlord, can file eviction documents with the court. A property manager cannot do this on your behalf. If you cannot attend in person, then you'll need to hire an attorney.
Complaint for Eviction. Sometimes called a Petition, this document opens the lawsuit and contains all the details of your claim. It's usually a couple of pages long in a "fill-in-the-blanks" format. You'll need to write in your name and address, the tenant's name and address, property address, details of the lease, why you are filing for eviction for instance, the tenant has not paid the rent , how much rent is owed and other details — all self-explanatory stuff.
The Summons tells the tenant that he is being sued and what he needs to do next. In most jurisdictions, the tenant has a certain number of days — usually around 20 — to file a response with the court. The response essentially is the tenant's defense. It will list the reasons why he does not agree with eviction. Court Cover Sheet. This is an internal court document, telling the judge what kind of case it is. They simply have to fill out a proof of service form. However, most states require personal service for a summons and complaint.
Wait for the tenant's response to the complaint. Once the tenant receives your summons and complaint they have a brief period of time — typically about two weeks — to file a written answer in response to the complaint. If they don't file a response, you may be able to get a default judgment against them. For example, the tenant might argue that they were actually withholding rent because you failed to make necessary repairs to their unit.
Request a court date if necessary. Most courts set a date for the court hearing when you file your summons and complaint. However, others provide the tenant with time to remedy the situation before allowing a court date to be set.
If those 30 days pass and the tenant hasn't done anything, you can then call the clerk's office and request a hearing date. If you have to request a hearing date, you'll also need to serve your tenant with notice of that date, even if they haven't responded to your eviction suit in any way. Part 3. Gather documentation related to the eviction. In preparation for the court hearing, organize all documents you have that are related to the eviction, as well as to the tenancy in general. Group these documents into categories as they relate to your legal grounds for eviction.
Documents you might want to bring include: [11] X Research source A copy of the lease Copies of any communication between you and the tenant Photos of the rental property or grounds if your legal grounds relates to a lease violation Evidence of rent payments All notices you've sent to the tenant regarding the eviction All documents you've filed with the court related to the eviction.
Go to court on your court date. Plan on arriving at court at least 15 minutes before your hearing is scheduled so you have time to go through security and find the right courtroom.
Dress professionally, in keeping with your status as a landlord. When you hear your name, stand and indicate that you are ready to proceed.
A court officer will direct you to the tables at the front of the courtroom. Present your case for why your tenant should be evicted. Since you brought the case, the judge typically will hear from you first. Speak loudly and clearly and explain the legal grounds for your eviction case. Discuss only the facts that are relevant to the eviction case. The tenant might not even show up. If they don't, you can request that the judge enter a final judgment in your favor.
If the tenant isn't there, you likely won't even have to present your case. Listen as the judge talks to your tenant. If your tenant did show up, the judge will likely have some questions for them. If they come with an attorney, the judge may not ask the tenant anything. Rather, the attorney will present the tenant's case for them. Otherwise, don't talk to the tenant at all. Address all your statements to the judge. When the tenant is talking, refrain from shouting out or interrupting, even if you believe that the tenant is not telling the truth.
You'll have the opportunity to say something when they get done. Find out the judge's decision.
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