How Does the Eviction Process Work?

The first step in the eviction process is the initial notice. This is a written notice that your landlord gives you to correct a lease violation or to vacate the property within a specific timeframe (usually 10 or 30 days). This notice is often labeled “Demand for Compliance” or “Demand for Rent or Possession” but could have other labels.

This notice does not mean that you are required to move out immediately!

What are my options?

• Cure or “Fix the issue”: Tenant fixes the issue or pays back rent within the timeframe. The landlord must accept the money or the correction and cannot evict the tenant.
• Move out: A tenant could move out at this stage but would likely still be subject to the lease. If you decide to move out, be sure to notify the landlord that you are out of the property and return the keys.
• No action: If you do not pay or correct the violation or move out, then you would move to the next stage of eviction.

If the tenant doesn't fix the issue or leave, the landlord can file an eviction lawsuit, and you will receive an Eviction Summons.

The case will be set for a “return date” or court date on the next Friday that falls more than seven days after the filing. For example, if the landlord files on a Tuesday, your court date will most likely be scheduled the following Friday. The court paperwork (complaint and summons) will be given to you by either:

• Personal service. Paperwork is hand delivered and received by someone at the house.
• Service by posting and mailing. Paperwork is post on the door or an obvious place.

What should I do now?

• Important! Go to court to avoid an automatic eviction.
• Emergency rental assistance may be available.
• City staff, mediators, and lawyers will be at court to help you.
• You still have the right to cure the issue (i.e. pay the rent owed) through the court date to dismiss the eviction.

What happens on my court date?

• Case Dismissal: If the tenant pays all outstanding rent before a judgment is entered, or critical errors were made when filing the case, landlord must dismiss the eviction.
• Mediation: You may have the opportunity to mediate with your landlord or their attorney to reach an agreement, called a Stipulation, that will be made an Order of the Court. An agreement may give time to process rental assistance or vacate the property. Most cases are resolved through mediation.
• Judge Rules: If negotiations fail and the parties cannot make a decision, the judge will either rule on the case immediately or schedule a trial to determine the outcome.
• Tenant's Absence: If the tenant doesn't attend court, the court enters:
  1. “Possession Judgment” - the eviction order directing the tenant to move out in 48 hours
  2. “Writ of Restitution” - the order allowing the landlord to schedule the sheriff to come to the property to assist with removal of the tenant from the property (10 days after court)
  3. Money judgment for the money that is owed to the landlord – only if the landlord served the court paperwork by personal service.
• Trial: If the tenant disputes the eviction, a trial is held. A trial will be scheduled shortly after the hearing, usually within 7 to 10 days.