To regain possession of your premises, you must first serve the tenant with a NOTICE TO QUIT, for either NON-PAYMENT, or TERMINATION OF TENANCY.
Points to consider:
- If you want to evict the tenant, serve a NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY.
- If you want the tenant to pay the rent and stay, serve a DEMAND FOR POSSESSION NONPAYMENT OF RENT.
Non-payment of rent requires you give the tenant seven (7) days to comply.
Termination of tenancy requires you to allow the tenant a full rental period determined by your rental agreement.
After the time given by the Notice to Quit has elapsed and the tenant has not complied, you can file suit by bringing the following to the court:
- Three copies of the Notice to Quit with the proof of service section filled out and signed.
- Three copies of any existing lease or rental agreement.
- Complaint, completely filled out and signed.
- SUMMONS, partially filled out.
- An envelope, stamped and addressed to the defendant (tenant) with enough postage to cover the weight of the paperwork.
- $45.00 filing fee for possession of the premises. The officer will bill you for service.
NOTE: If you need service on a second tenant bring an extra copy of the Notice to Quit and lease.
At the bottom of the complaint form is a section for supplemental damages. This is a separate suit for money, requiring an additional filing fee and personal service of the paperwork, which is not always guaranteed because of the requirement that hearings in these matters be set quickly.
When you have all your paperwork together, the clerk will file your suit and set your case for hearing within 10 days. The owner of the property or his/her attorney must appear in court at the time of hearing.
If you have any questions regarding the legal aspects of your case, please consult an attorney.