The eviction process

Your landlord starts an eviction case by serving (giving) you a Notice of Petition and Petition to go to court.  When you receive these documents, try to find a lawyer to help you stay in your home.

On the first court date you can ask the judge to delay (adjourn) your case for 14 days. This is more time to find a lawyer and prepare a defense against the eviction.

It also gives you time to try to settle with your landlord. A settlement is an official agreement that both sides must follow. For example, the landlord will forgive the rent you owe and you will leave by a particular date. Settlements are common.  

If you can't agree to a settlement, the judge allows both sides to present evidence. Then the judge makes a decision and issues an order.

If the Judge agrees with the landlord:

  1. The judge issues a warrant of eviction.
  2. Your landlord must deliver papers from the court to the Sheriff or Marshall.
  3. The Sheriff or Marshall will serve you a 14-day notice of eviction.
  4. After 14 days, the Sheriff or Marshall can remove you and and your belongings.

Only the Sheriff or other law enforcement official can remove you from your home.

If you are in court because you did not pay your rent, you have 14 days to pay the full amount and avoid eviction. 

This is the eviction timeline.

(Click the button at the bottom to download a PDF.)