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Evictions

The relationship of landlord and tenant is based upon a contract, whether oral or written, which determines the rights and responsibilities each party has and owes to the other. Usually, the agreement between the parties takes the form of a lease. Tenancies may be for a specific term of period or may be at will. The lease usually provides for specific aspects of the landlord-tenant relationship such as subleasing, means of notice, termination, rent payments, and responsibility for repair and maintenance. If the tenant fails to pay the rent, the landlord can terminate the lease, force the tenant to vacate the premises, and recover any rent due. A landlord may bring an action of ejectment against a tenant in these situations: (1) when the tenant fails or refuses to pay the rent when due, (2) when the term of tenancy or occupancy ends, or (3) when the terms or conditions of the lease are violated. Even after service of process, rent continues to accrue so long as the tenant remains in possession, and the tenant is liable for the continually accruing rent.

You must file your ejectment action in the Magistrate’s Court that has jurisdiction over the property you are evicting the tenant from. You must submit an affidavit and pay a filing fee of $40.00 when you file the action. The Court will issue an Order to Show Cause which will be attached to your affidavit and served upon the tenant requiring him to either vacate the premises or show cause by requesting a hearing date. If a hearing is held and the judge rules in favor of the landlord, the landlord may immediately or within five (5) working days after the hearing date request a writ of ejectment. This will cost an additional $10.00. The Constable will contact the landlord in reference to scheduling a date to execute the eviction and turn the property back over to the landlord. The Constable does not set out the tenant's property. It is the responsibility of the landlord to provide adequate labor to set out any property left by the tenant. Law Enforcement Deputies can be present only to assure a peaceful set-out.