Eviction (Forcible Entry & Detainer)

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 hearings are scheduled for Thursday afternoon beginning at 1:30 p.m.  This hearing is only on the eviction portion of the complaint.  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 by personal service by our deputy bailiff.  If service cannot be obtained by personal service, the next step is to send the complaint through the mail by certified mail and certificate of mailing.

After a landlord has received judgment for restitution of the premises, the tenant(s) should voluntarily move out as soon as possible.  If a tenant does not voluntarily move out, the landlord may file for a writ of restitution.  Once a writ of restitution is issued, it becomes the responsibility of the court’s deputy bailiff to physically move an individual’s personal belongings out of the premises.  The landlord will be contacted to provide the necessary help to accomplish this.  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.

There are no forms available from the Clerk’s Office for this procedure.