What are the steps in an eviction for not paying rent?
In order for your landlord to evict you for not paying rent, there are multiple steps they must follow:
- Your landlord must send you 2 late notices before taking you to court:
- Late notice #1: This is the 5 day late rent notice. If the rent is not received within 5 days of when it is due, then your landlord must deliver it by certified mail.
- Late notice #2: This is the 14 day rent demand. After this is delivered, your landlord must wait at least 14 days before starting an eviction case in court.
- The court case begins.
- Your landlord must begin an eviction case in court by "service of process," which means that you must receive a copy of a notice of petition and petition, usually by a process server.
- First court date. The summons and notice of petition must be served between 10 and 17 days before the court date.
- You may request an adjournment of this court date, which means that the judge will schedule a second court date at least 14 days after the first court date.
- Second court date. If you have requested an adjournment, this is when your case will be heard before the judge. There are three possible outcomes:
- The judge finds that you have defenses. If the judge finds that you have defenses to being evicted, the case could be dismissed or the judge can reduce the amount of rent that you owe.
- You can reach a settlement with your landlord. You can make an agreement with your landlord to leave the property on a certain date.
- The judge issues a warrant of eviction. This means that the judge agrees with your landlord, and orders that you will be evicted from the property. If this happens, the sheriff will serve you with a 14-day notice, and then after 14 days will remove you from the property. You can pay the total amount due to your landlord any time before this and avoid eviction.
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