While the eviction process certainly seems complicated at first glance, it can be broken down into 5 simple steps:

1. The first step is to provide a Notice of Eviction to the tenant. The specifics of the notice are dependent on the reason for the eviction itself; for example:
   1. You can serve a 3-Day Notice if the tenant has failed to pay rent. This Notice can be posted on the tenant’s door or hand-delivered. Upon receiving the Notice, the tenant will have 3 days to either pay the overdue rent or vacate the premises.
   2. You can also post or hand-deliver a 7-Day Notice if the tenant has violated a clause in the rental agreement that is unrelated to rent issues. This Notice offers the tenant 7 days to fix the problems or vacate the premises. Any violation of the lease can be cause for eviction, with the most common being: violation of HOA rules, unapproved tenants/visitors, and unapproved pets/animals.
   3. However, if there is not a rental agreement in place, then you will need to serve a 7-Day or 15-Day Notice to the tenant, depending on their rent schedule. The 7-Day Notice can be delivered if the rent was being paid weekly, and the 15-Day Notice can be used if the rent was provided on a month-to-month basis.
2. Next, if the tenant did not bring their payments current, vacate, or cure the violations, then we will proceed to file a Complaint for Eviction. This step also requires a summons fee (for each tenant/defendant), self-addressed envelopes, and any additional requirements as mandated by the Clerk of Court. The Complaint will include a copy of the Notice of Eviction, as well as a copy of the lease/rental agreements (if one exists), proof of ownership, and a property management agreement.
3. If the tenant has failed to vacate and/or cure the defects (legal-speak for “fix the problems), then our next step is to serve the summons to the tenant(s). Once served, the tenant must comply with the instructions on the summons and file an original answer with the Clerk of Court, and provide a copy to us, within 5 days of the receipt of the summons (weekends and legal holidays don’t count).
4. If the tenant(s) still fails to respond, then we will prepare and file a Motion for Default and a Motion for Final Judgment. These documents will be submitted to the court for review. The court (meaning, the Judge) will enter an order based on the pleadings or set the case for a hearing. If the tenant deposits past-due rent in to the Clerk’s registry and they file an answer, then the case will be set for a hearing.
5. If the tenant(s) does not vacate after the judge issues a final judgment, then we will submit a Writ of Possession to your local sheriff. A deputy will be dispatched to notify the tenant that they have 48 hours to vacate the property. The deputy will return 48 hours after the notification to remove the tenants from the property if they are still present. You’ll want to accompany the deputy, or send someone acting under your authority, to provide access to the property and install new locks once the eviction process is complete.