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Landlord / Tenant Eviction Proceedings
Regaining Possession of Your Premises
To regain possession of your premises you must first serve the tenant with one of the following notices:
- Demand for Possession, Non-Payment of Rent
- Notice to Quit, Termination of Tenancy
- Or any other notice as permitted by law
Service of Notice
Service of the notice may be accomplished by mailing by first class mail (do not send by certified mail as the tenant can refuse acceptance of the mailing), or by personally delivering it to the tenant or a household member of legal age (18 or older).
Demand for Possession - Non-Payment of Rent/Termination of Tenancy
The Demand for Possession, Non-Payment of Rent allows the tenant to pay the rent owed and remains in the premises or, if they fail to pay, they must move. The Termination of Tenancy notice requires the tenant to move out.
If the tenant pays or moves, then the landlord does not need to file anything with the court.
Filing a Case
After the expiration of the notice, if the tenant has failed to pay or move, the landlord should file a case and bring with you to the court:
For 1 Tenant
- Original and 2 copies of the Demand for Possession / Notice to Quit with the proof of service portion signed and notarized
- 3 copies of the lease or rental agreement
- 1 carbon pack of Summons form completed (court will set date)
- 1 carbon pack of Complaint form completed
- 1 envelope stamped and addressed to the defendant (tenant) with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- 1 envelope stamped and addressed to the plaintiff (landlord) with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- Appropriate filing fee (see below)
For 2 Tenants
- Original and 4 copies of the Demand for Possession / Notice to Quit with the proof of service portion signed and notarized
- 5 copies of the lease or rental agreement
- 2 carbon packs of the Summons form completed (court will set date) – please list both defendants (tenants) name on each form
- 2 carbon packs of the Complaint form completed – please list both defendants (tenants) names on each form
- 2 envelopes, one addressed to each defendant (tenant), stamped with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- Appropriate filing fee (see below)
Supplemental Damages
At the bottom of the complaint form is a section entitled Supplemental Damages. This is a separate suit for money damages, which requires an additional filing fee, listed below as Possession and Money. The summons and complaint must be personally served on the defendant (tenant) to obtain a money judgment. Service by attachment is insufficient service.
| Filing fees | |
|---|---|
| Possession only: | $55 |
| Possession and money: | |
| 0-$600 | $90 |
| $601-$1,750 | $110 |
| $1,751-$10,000 | $130 |
| $10,001-$25,000 | $215 |
Service Fees: $33.00 per defendant. Must be separate from the filing fee. Payable in Check, Cashier's Check, or Money Order to the assigned court officer.