How to File a Summary Eviction Action

By sending the tenant a notice, all summary eviction actions are initiated. The landlord is seeking to evict his tenant depending on which kind of opinions served. The following posting is on how to file a summary eviction action so you will be able to remove the tenant successfully.

1. Serve the First Eviction Notice

You only need to serve an Express Evictions notice when you are seeking to evict the tenant for non-payment of rent. You can file a complaint and supporting documents with the court against the tenant if the tenant does not comply with that notice by paying rent or moving out. However, you will need to serve the following two eviction notices if you are seeking to evict the tenant for reasons other than nonpayment of rent.

• A notice setting forth the grounds for eviction, such as nuisance, a lease violation, etc.
• You can send a second notice which is known as an “unlawful detainer” notice if the tenant does not comply with the above notice.

All eviction notices must be served in the following manner:

• In the presence of a witness serve the eviction notice to the tenant personally.
• Leave a copy with a person of suitable age and discretion at least 14 years old if the tenant is not at the rental premises. For safety, a copy of the notice must also be mailed to by certified post to the tenant.
• You can post a copy of the notice in a conspicuous place at the rental unit and mail a copy to the tenant if you cannot find a person of suitable age or discretion, or the tenant’s place of residence or business cannot be ascertained.

A landlord must file with the court the following before an order for summary eviction issued:

• A statement signed with the tenant and a witness acknowledging that the tenant received the notice on a specific date.
• If the landlord rents the premises by the week, then you should show a certificate of mailing issued by the United States Postal Service.
• The endorsement of a constable, sheriff, or other process server stating the time and manner of service.

2. Serve the Second Eviction Notice

If the tenant fails to comply with the first notice and you are also seeking to summarily evict a tenant for anything other than non-payment of rent, then you may serve an unlawful detainer notice to the tenant. For example, the lease agreement is violated, property damage, non-payment of timely rent, etc.

3. File Supporting Documents and a Complaint

You may apply for an eviction order by filing the following documents with the justice court in the township in which the rental premises are situated if the tenant did not comply with the unlawful detainer notice or “pay rent or quit.”

• A complaint paper for summary eviction.
• The written lease or rental agreement.
• All eviction notices served on the tenant.
• A certificate of mailing and an original affidavit of service.

You should be prepared to pay a filing fee and file at least one original and two copies of your documents in court. You should keep in mind that you may not file your complaint until after the time for the tenant to file an answer has expired. For example, you may not register for six business days after the day of service if you served a pay-rent-or-quit notice or unlawful detainer notice. Also, if you served the tenant by mail, three calendar days are added to this period.

4. Attend A Hearing Date

After a landlord files his or her complaint in the court, a notice of hearing will be mailed to both parties‒‒the landlord and the tenant. The court will schedule an interview when a tenant has recorded an answer to the eviction notices. Both parties will have a brief opportunity to present the facts of their case at the hearing. The landlord’s right to possession of the property is clear when summary eviction is intended for cases. If the court is required to dismiss the action, the landlord’s right to possess the property is not clear if there is a genuine dispute over material facts.