Some of the following will occur during the rental home eviction process.
Prepare and serve Tenant Notice
The server must sign an original Declaration of Service.
Summons and Complaint is Served
After the Summons and Complaint is served, the tenant(s) will have seven (7) days to respond in writing (not including holidays) The seventh day is considered the tenant’s response date.
If the tenant responds in writing, your attorney will set a date for the “Show Cause Hearing” by going to the courthouse and getting a commissioner’s approval. The show cause hearing is the tenant’s opportunity to explain to the courts why they should not be evicted. The tenant will also be notified by personal service and/or by mail. The show cause hearing will be 8-12 days after the date your attorney goes to court and obtains the courts approval for a show cause hearing date. A judge or commissioner will decide the outcome of the case. Your attorney will be prepared to le the judgment and writ of restitution in anticipation of the case being decided in your favor.
Post the Writ
A Deputy from the Sheriff ’s department will post the writ on the tenant’s door the following business day and the tenant will be given three (3) business days after the day of service to vacate voluntarily If the tenant is still there it will be necessary to call the Sheriff ’s Department and schedule a physical eviction The date will be determined by the Deputy’s schedule.