Evictions

It is common practice for a landlord to enter into a lease agreement with a renter which lays out specific rules and terms for both parties. Failing to abide by these terms can give the landlord cause to file an eviction case with the court, although a lease agreement is not necessary for an eviction. As with any type of court proceeding, the Clerk’s Office recommends hiring an attorney. In the event a landlord wishes to proceed pro se (on one’s own behalf), there are packets available for purchase at our office. The most common packets requested are Eviction for Non-payment, 15 Day Termination of Tenancy Other Than Non-payment, Seven Day Notice with Cure, and Seven Day Notice without Cure. All packets are $3.00 and the filing fee is $195, if the plaintiff provides a self-addressed stamped envelope and $196 if our office provides the mailing. Because we are not attorneys the Clerk’s Office cannot advise a landlord which packet he or she should file.
Below are the packets available at the Clerk’s Office for evictions.

Tenant eviction for Non-Payment of Rent Only-Residential

(For filing by Owner of property only)

If a tenant does not pay his or her rent the landlord can file for an eviction based on nonpayment. There is no set amount of time that must pass before this proceeding can be filed. For nonpayment cases the tenant can utilize the Clerk’s registry account in addition to filing a response to the judge. The Clerk’s registry is a holding account and among other things is used to hold missed rent payments. The tenant can pay the funds to the Clerk’s office and we in turn make the judge aware that we are holding the funds at issue. There is a fee for this service; 3% for the first $500 and 1.5% for every $100 thereafter.

Tenant eviction for Non-Payment of Rent Only-Residential

(For filing by Agent of Owner of property)

With the exception of the below listed instruction, a property agent on the behalf of an owner eviction is filed using the same process as an owner eviction for non-payment of rent:

An Agent cannot be designated by an Owner to seek recovery of past due rent.  In order for you, as an Agent for an owner, to commence an eviction procedure against a tenant, you must file a copy of the “written agreement” between you and the owner giving you the authority to evict the tenant.  This must be done for each eviction.

Tenant eviction for Other than Non-Payment of Rent – Fifteen (15) Day Termination of Tenancy – Residential

(For filing by Owner of property only)

A landlord must notify the tenant 15 days before the following month’s rent is due of his or her intentions to terminate tenancy. This packet may be used for any reason other than nonpayment.

Tenant eviction for seven day notice with cure – unauthorized pets, guest, vehicles or parking, and/or failing to keep premises clean and sanitary – Residential

(For filing by Owner of property only)

A landlord must notify the tenant 7 days before the following month’s rent is due of his or her intentions to terminate tenancy. This packet may be used for violations of a rental agreement such as unauthorized pets, extra guests or vehicles, unauthorized parking, and failing to keep the home clean. The defendant may fix, or cure, the violations or damages and be allowed to remain in the home. Resolving the violations does not guarantee the judge will grant the tenant to remain in the home and ultimately the discretion whether or not to remain lies with the landlord.

Tenant eviction for seven day notice without cure – destruction, damage or specified misuse of property, unreasonable disturbance, etc. – Residential

(For filing by Owner of property only)

A landlord must notify the tenant 7 days before the following month’s rent is due of his or her intentions to terminate tenancy. The difference with this packet is that it is used for specific misuse of property, destruction, or damage, and regardless if the tenant tries to fix the problem; the landlord is seeking eviction.

Tenant eviction for Non-Payment of Rent Only – Commercial

(For filing by Owner of property only)

Eviction for nonpayment of rent on commercial properties may only be filed by the owner. The property may NOT be located in a mobile home park of 10 or more lots/spaces. The owner must give a three day notice to the tenant with the amount due and the location of the property.

Forms can be located on the Forms page.