General Procedures for Filing an Eviction for Non-Payment of Rent

  1. Notice to Vacate- the landlord must deliver a written notice to vacate or demand for possession naming each occupant the landlord seems to evict. The notice must give the reason demanding possession and must give the tenant time to voluntarily vacate. The time to vacate in non-payment of rent cases is three (3) days unless the landlord and tenant have agreed to greater or lesser time in a written lease or agreement. The delivery of this notice should be by handing the notice to the tenant, mailing notice to the tenant, or attaching to the inside of the main entry door.
  2. Filing of the Suit- once the time has expired in the vacate notice, the landlord or his/her representative can file suit at the Justice of the Peace in which the property is located. Once the case has been processed, the clerk will give you a court date. The law states that the court date must occur no less than 10 days and no more than 21 days after the case is filed. The first available date is dependent upon the courts’ schedule.
  3. Court Date-on the day of court, each party should check in with the clerks and wait for instructions. While in court, cell phones and other electronic devices must remain silent. Please be ready with any evidence or witnesses you would like to present to the Judge.
  4. Writ of Possession- A writ of possession cannot be issued before the 6th day after the day a judgment is signed and no later than 60 days after the date of judgment.
  5. Appeals- A party may file an appeal within five (5) days after the judgment is signed.