Evict-a-Guide

*Suggestions for handling evictions

  1. Give at least three (3) days absolute notice to vacate for non-payment unless different time period in lease.
  2. Written notice should be:
    1. Hand-delivered (to person at least 16 years of age residing in premises);
    2. Posted on the inside of the front door (main entrance); or
    3. By regular mail, registered mail or certified mail (keep proof of mailing – certified is best).
  3. Note – Government subsidized tenants (Section 8, etc.) require detailed notice to vacate. Must mail and serve notice on an adult. Written warnings may be required before termination. If termination based on “other god cause,” at least 30 days notice must be given. Must provide PHA with copies of notice and complaint. Check housing contract and federal regulations for specific requirements.
  4. Identify the names of all residents on the lease as defendants as well as “and all occupants” of the premises. Should serve all residents with citation and complaint.
  5. Complaint should include an allegation of “breach of lease” in addition to any other claims alleged.
  6. Request attorneys’ fees in the Justice Court complaint to preserve any such award if case appealed. Leave blank. Don’t put $0.00 as amount.
  7. Take proof of non-payment (e.g., lease and ledger) and proof of vacate notice to court. If seeking other damages (carpet, walls, etc.), take pictures and repair invoices. Note – evictions for matters other than non-payment or holdover require attorney representation.
  8. Consider not contesting any pauper’s affidavit. Delay may not be worth it.

Appealing Your Case:

  1. Appeal must be filed within five (5) days after Judgment signed.
  2. Appeal bond must be obtained and approved. Notice of the bond filing to adverse party must be made within five (5) days of filing bond.
  3. Attorney representation required in County Court unless the plaintiff (party in court) is individual title owner of premises.