The landlord must follow these steps to evict you for not paying rent: 


1. Notices

     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 you didn't pay your rent within five days of the due date, the landlord can notify you. They must send the notice 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 to start an eviction case in court. 

2. Court

     Your landlord must give you a copy of a notice of petition and petition 10 to 17 days before the first court date. This is usually delivered by a "process server."

For your first court date, you can ask the judge to adjourn (delay) this court date. The judge will schedule a second court date for at least 14 days later. 

If the judge adjourned your first court date, then you present your case at your second court date. There are three possible outcomes:

  1. 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.
  2. You reach a settlement with your landlord. You can make an agreement with your landlord to leave the property on a certain date. 
  3. The judge issues a warrant of eviction:
    • If the judge agrees with your landlord, they will order you to leave the property (eviction). 
    • The sheriff or marshal will serve you with a 14-day notice. After14 days they will remove you from the property. NOTE: You can pay the total amount due to your landlord any time before this and avoid eviction.

Eviction process for nonpayment of rent

Path to Eviction.pdf

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Last Reviewed: September 18, 2023