Eviction Procedure

In the event there is a need for an eviction, it is incumbent upon the landlord to deliver a NOTICE TO QUIT to the tenant(s). If a written contract is in place, a 5-day notice to vacate is to be given. If a verbal agreement is in place, a 20-day notice to vacate is to be given.

A NOTICE TO QUIT can be legally delivered by one of several methods:

a) Person-to-Person (to anyone living in the house)

b) Domicile (posted on the door)

c) Certified Letter with a Return Request

If the tenant refuses to vacate the property, the next step is for the landlord to file a PETITION FOR EVICTION with the local Justice of the Peace. There is a court cost for such a filing.

Once a Petition for Eviction is filed, the Justice of the Peace will issue a NOTICE TO SHOW CAUSE setting a court date hearing. The notice is handed to the Constable for delivery to the tenant(s).

In the court hearing, the JP will allow the landlord to present evidence to why the tenant should be made to vacate the property as well as giving the tenant(s) the opportunity to show why they should not be made to vacate the property.

After hearing the evidence, the JP will make a decision on the case.

If the JP rules for the landlord, an EVICTION JUDGEMENT will be delivered to the tenant(s) spelling out the terms to vacate the property.

If the tenant(s) refuse to comply with the eviction judgement remaining on the property, the landlord can file a REQUEST FOR A WARRANT OF POSSESSION.

By issuing a WARRANT OF POSSESSION, the JP is ordering the Constable, Sheriff or Marshall to remove the tenant(s) from the property, returning it back to the landlord.