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Eviction Procedure

  1. Write a letter to the tenant giving him/her five a (5) day notice to move and state the reason you want him to move.  If the lease has a definite term, notice to vacate may be given not more than thirty (30) days, before the expiration of its term. The Clerk will provide you with a form letter. KEEP A COPY OF THE LETTER FOR YOURSELF.
  2. The letter may be mailed to the tenant by CERTIFIED MAIL RETURN RECEIPT REQUESTED. The letter may also be hand delivered to the tenant in the presence of a witness. If the tenant is not at home when you deliver the letter, then the letter can be posted on the door of the residence, also in the presence of a witness.
  3. If the tenant has not moved with five (5) days after handing, posting, or five (5) days after the date on the return receipt, you may file an eviction with the Clerk of Court. The procedure for an eviction suit is as follows:

A.    Provide the Clerk of Court with a copy of the letter you gave to the tenant. Give the Clerk the correct name and address for the tenant. If the letter was mailed to the tenant, you must also give the Clerk the green return receipt card from the post office. If you have any written rental agreement of the lease with the tenant, give the Clerk a copy of it also.

B.    You must pay a court costs deposit to the Clerk at the time you file the eviction suit. The Clerk will tell you how much the deposit is. THE COURT COSTS WILL NOT BE REFUNDED.

C.    The Marshal will serve the tenant with a copy of the eviction suit and a summons which orders him/her to appear in court if he/she wishes to contest the suit. The court date will be set no earlier than three (3) days after the Marshal has served the tenant with the papers. You will be mailed a notice advising you of the date and time of the court hearing.

D.    On the date of the hearing, you must appear before the Judge and testify about your agreement with the tenant and why you want the tenant evicted. If you hand delivered the letter of eviction to the tenant or posted it on the door of the residence, YOU MUST ALSO BRING WITH YOU A WITNESS who can swear that he/she saw you hand deliver the letter or post it to the door.

E.    If the tenant fails to answer or appear at the hearing and if the Judge decides that you are entitled to the eviction, he will immediately sign a Judgment of Eviction.

If the tenant has not moved out with twenty-four (24) hours after the posting and/or service of the Judgment of Eviction, you must notify the Clerk of Court. The Clerk will then issue a warrant to the Marshal and the Marshal will do whatever is necessary to remove the tenant and his possessions from the premises. There will be an additional charge for this.

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