Evicting a tenant can be confusing, frustrating, and an intimidating process. Below is a brief summary of the steps to take when evicting.
Disclaimer: This is not considered legal advice and any legal questions should be forwarded to your lawyer.
Before you begin, be sure to gather all the data you have (lease agreement, emails, etc.) in case you end up in court. Eagle Investment Management advises to create a spreadsheet with all transactions, along with proof (photo copies, emails, etc.)
Fill out the Forms Below:
Civil Case Cover Sheet (CM-010)
Complaint- Unlawful Detainer (UD-100) -Your "3-Day Pay or Quit"
Summons- Unlawful Detainer (SUM-130)- Must be stamped by the clerk and given to a process server.
*Submitting forms can take upwards of a half day at the courthouse and the initial charges are in excess of $240
Once you have received all documents back from the clerk, go to the process server. The costs can range from $60-$75 depending on the distance to service location.
*Make sure that the tenant is served the Summons (Sum-130), and a blank Answer Form (UD- 105).
*Be sure that the person being evicted is the one getting served. If the correct person is served, the tenant has only 5 business days to submit their "Answer" (UD- 105). If someone else is served (doe), they will have 15 days to "Answer."
If the tenant DOES NOT answer:
On the 6th day, go back to the courthouse and submit your Proof of Summons (POS- 101) given to you by the process server along with Writ of Execution (EJ-130). Once you have your stamped Writ of Execution (EJ-130), you are now able to have the Sheriff physically evict the tenant. The charge for this is upwards of $95.