The following is a timeline of the steps involved in the eviction
process:
STEP 1: THE TERMINATION NOTICE
First : A termination notice must be served. The most common
notices are the " Three Day Pay or Quit" and the
"Thirty Day Termination of Tenancy". Any mistake
can invalidate the notice and force the process to start over
again.
Generally, the day of the service of the notice is not counted
and the period of the notice (i.e. 3 days, 7 days, 30 days,
etc.) is then counted to determine when the notice period
has expired. If the law requires that the notice also be mailed
to the tenant, you must add 5 days to the notice period to
allow for mailing.
STEP 2: "THE UNLAWFUL DETAINER" LAWSUIT
If the tenant does not voluntarily vacate after the service
and expiration of the notice, the Landlord must prepare an
"Unlawful Detainer" lawsuit. This lawsuit must be
filed with the court, served on the tenant and prosecuted
to a judgment.
A Complaint is prepared and filed with the Court. A copy
of the Complaint must then be served on the tenants. Once
served, the tenants have five days to file Answer in court.
STEP 3: ANSWER OR DEFAULT
After service of the Complaint, the tenants have five days
to file an Answer in court. If they answer, the matter is
"contested" and a trial must be set. If they do
not file and serve an Answer, a default may be entered against
the tenant and judgment may be obtained either by way of a
short uncontested trial or by way of a declaration.
STEP 4: TRIAL OR DECLARATION FOR DEFUALT JUDGEMENT
In order to obtain a Judgment, it will be necessary for the
landlord to present the facts of the case to the Court. This
must be done whether or not the tenants put up a defense.
At minimum, the landlord will have to establish that there
was a written or oral landlord/tenant relationship, that the
relationship has been properly terminated with a properly
served notice, and that the landlord is entitled to possession
of the property and (in most cases) rent damages.
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