Key Takeaways
- The complaint must identify parties, describe property, state grounds, and request relief.
- Prepare three copies of the file; anticipate defenses with rebuttal documentation.
- The writ of possession is enforced by the sheriff—no self-help until lockout is complete.
- Abandoned property must be handled per state law—typically requiring notice and storage.
Once the notice period expires without cure, the landlord files a court action. This lesson details each step from filing through hearing to judgment and enforcement.
Filing the Complaint
The complaint must include: party identification, property description, grounds for eviction, summary of facts, relief requested (possession, unpaid rent, costs, attorney fees). Filing fees: $75–$500. After filing, the court issues a summons that must be served on the tenant using state-specified methods. Improper summons service voids the proceeding.
Preparing for the Hearing
Bring three copies of the complete eviction file. Prepare a brief opening statement. Anticipate defenses: habitability (bring maintenance records), retaliation (evidence of legitimate grounds predating complaints), procedural challenges (proof of proper notice service). If the tenant does not appear, the court typically enters default judgment—but sufficient evidence is still required.
Judgment and Physical Enforcement
After judgment, the tenant may receive a 3–10 day stay. If the tenant does not vacate, obtain a writ of possession and deliver to the sheriff. The sheriff schedules a lockout (5–14 days). The landlord must NOT enter, change locks, or remove belongings until the sheriff completes the lockout. Abandoned property must be handled per state law.
Timeline Milestones
The complaint must identify parties, describe property, state grounds, and request relief.
Prepare three copies of the file; anticipate defenses with rebuttal documentation.
The writ of possession is enforced by the sheriff—no self-help until lockout is complete.
Abandoned property must be handled per state law—typically requiring notice and storage.
Sources
Common Mistakes to Avoid
Assuming the eviction is complete once the judge rules in the landlord's favor.
Consequence: The judgment alone does not authorize physical removal. Without a writ of possession and sheriff execution, the tenant can legally remain in the unit.
Correction: Immediately file for a writ of possession after judgment. Contact the sheriff or marshal to schedule execution. Budget for the additional time (typically 5–14 days).
Being unprepared for the court hearing—no organized evidence, no rent ledger, no proof of service.
Consequence: Judge may continue the case for the landlord to obtain proper evidence, or rule against the landlord due to insufficient proof.
Correction: Prepare a complete evidence binder. Bring the original lease, rent ledger, all notices with proof of service, communication records, and any witnesses. Review with counsel beforehand.
Not filing for a money judgment in addition to possession.
Consequence: Obtaining possession without a money judgment forfeits the right to collect unpaid rent, late fees, and damages through the court system.
Correction: Always request both possession and a money judgment for all amounts owed. The money judgment provides the legal basis for post-eviction collections.
Test Your Knowledge
1.What happens if a landlord fails to appear at the eviction hearing?
2.After obtaining an eviction judgment, what is the next step to physically remove the tenant?
3.What is a "default judgment" in eviction court?