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Frequently Asked Questions

Do I have to show up to court for eviction?

The court can enter a default if you don't respond in a court case. If your landlord gets a default judgment in an eviction case, you can be evicted without going to court. You can also have a judgment for money entered against you. You can only be evicted by a sheriff, a sheriff's deputy, or court officer.

Do you have to file eviction through the courts?

You do not file the eviction notice with the court. If the tenant ignores the notice and refuses to move out, then your next step is to file an eviction lawsuit. This involves a different set of paperwork. Every state has its own package of notices, which have names like "3-Day Notice to Pay or Quit" or "30-day Notice to Vacate."

What does court do evictions?

The court makes a decision on the eviction and, in most cases, the landlord wins the unlawful retainer lawsuit. The case is forwarded on to law enforcement, often the sheriff's office, to escort the tenant from the property if they still refuse to vacate. Landlords can then change locks and take possession of the rental property.

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