The Eviction Process

THE EVICTION PROCESS
In many cases, preventing homelessness means preventing eviction. Eviction quickly gets complicated, but the process starts with uniformity. If, for whatever reason, a landlord wants to evict a tenant, he or she must deliver a Notice to Quit Possession. A Notice to Quit Possession is basically the legal equivalent of asking a tenant to move out. If the tenant chooses to stay and fight the eviction, the landlord must deliver a Summons and Complaint. The Summons and Complaint essentially explains why the landlord wants to evict the tenant (usually, for nonpayment of rent), and gives the tenant a two-day period of time to report to court and file a form called an Appearance, which essentially declares the tenant’s intent to contest the eviction. After filing an Appearance form, the tenant also files an Answer to Complaint form, in which the tenant responds to the landlord’s rationale for eviction. After the Notice to Quit Possession, Summons and Complaint, Appearance, and Answer to Complaint, the eviction process goes to mediation. Failing a mediated settlement, the case goes to trial.