:: The Stages of Eviction

You can be evicted only after your landlord has sued you for eviction in court and won. But before a landlord can take you to court she/he must follow certain steps.

If you do not owe rent but the landlord is trying to evict you for another reason, the landlord must give you written notices to cease and/or quit before taking you to court. If you owe rent, the landlord can file a complaint against you without any notice.

The purpose of the landlord's notice is to tell you to stop doing whatever the landlord believes you are doing wrong. After receiving the notice to cease, if you stop the acts that were described in the notice, the landlord should not be able to evict you. The landlord has to give you a notice to cease only if you are charged with:

• being disorderly
• breaking the landlord's rules and regulations
• breaking an agreement in the lease
• paying rent late

A notice to quit comes after the notice to cease. It tells the tenant that since you ignored the notice to cease, you must move out by a certain date. In cases where the Just Cause for Eviction Act does not require the landlord to give you notice to cease, this will be your first notice.

All notices to quit must be either:

• Given to the tenant
  or
• Left with someone at the house, apartment, or mobile home who is at least 14 years old
  or
• Sent by certified mail. If the notice sent by certified mail is not claimed then the landlord can use regular mail.

After the notice to quit, there is a time requirement which the landlord must give you in the notice to quit before taking you to court.

If you are still on the property after the time in the notice to quit has run out, the landlord can file a complaint with the landlord-tenant. The complaint is a court paper that the landlord fills out saying that they want you out and why. This paper is filed in the landlord-tenant court, and you are supposed to get a copy.

Along with a copy of the complaint, you will receive another paper from the court. This paper, called the summons, will tell you when and where the court will hear the case. The summons and complaint will be mailed to you by the court, or a copy will be delivered to you by an officer of the court or left at your home.

In court, your name will be called. If you are not present, the landlord will automatically win the right to evict you. There is no other penalty for not showing up.