How to File an Eviction Notice With the Courts

by Nathan Wohner ; Updated July 27, 2017

Items you will need

  • Eviction complaint form
  • Copies of eviction notices
  • Filing fees and other court costs

Renting out your real estate means a steady, monthly income for as long as someone is living on your property. But tenants can be unpredictable, and often breach serious agreements in their leasing contracts. When a landlord comes to the conclusion that eviction is necessary, he or she must comply with laws that require specific procedures before the tenant can be ordered to vacate the property.

Instructions

Step 1

Serve the tenant with an eviction notice. A 5-day eviction notice generally evicts a tenant for not paying rent and a 30-day notice is served to tenants with month-to-month leases. For any other breaches in a leasing agreement, a tenant is served with a 10-day notice to vacate the premises.

Step 2

If the tenant has not complied with the eviction notice, go to your local court clerk's office and fill out an eviction complaint form.

Step 3

Present a filled-out copy of the eviction complaint form and the original copy of the tenant's eviction notice to your local clerk of courts.

Step 4

Pay any court filing fees and service cost to your local clerk of courts and your eviction notice will be filed. The court clerk will schedule a court date, which is usually 18-21 days after you have filled out the eviction complaint form.

Tips

  • Always provide proof of your reason for deciding to evict, with or without the tenant's presence in court. If you are filing an eviction because of non-payment of rent, bring copies of receipts, the tenant's lease and the notice posted on the tenant's door.

Warnings

  • Make sure you appear in court on your assigned date because your case for eviction will be dismissed if you do not appear, forcing you to repeat the process.

    Be sure that your reason for deciding to evict a tenant is valid. Invalid reasons can result in a counterclaim against you.

About the Author

Nathan Wohner has been an active writer since writing and editing his high school and college newsletters. He has an associate's degree in paralegal studies from Bryant Stratton College and is pursuing a degree in English form the University of Wisconsin, Milwaukee.