Almost every property manager will eventually need to file an eviction. While seasoned managers are familiar with the procedure, newer managers might not know the timeline involved. This guide outlines the steps in an uncontested eviction, which typically takes between 20 to 45 days.

1. Notice Expiration

The Three-Day Notice, Seven-Day Notice to Terminate, Agreement to Vacate, or Non-Renewal Notice has expired.

2. Transmitting Documents

Lease and notice are sent to the attorney via fax or email.

3. Legal Review

Attorney and legal assistants review documents and input the case into the system.

4. Complaint and Summons

The “Complaint” and “Summons” are generated by the law firm.

5. Eviction Package

The eviction package, including the complaint, summons, attachments, and checks for the Clerk of Court and Process Server, is submitted to the Clerk of Court.

6. Filing with the Clerk of Court

The Clerk files the eviction, enters the information into the system, and mails copies to the resident.

7. Service of Summons

Process Server or Sheriff’s Deputy attempts to serve the resident.

8. Serving the Resident

If the resident is not home, the server returns later. If still absent, the documents are taped to the door, marking the resident as served.

9. Return of Service

The server reports back to the Clerk of Court, who updates the system.

10. Resident Response

The resident has five business days to respond to the complaint. If they don’t, the case is uncontested.

11. Motion for Default

On the sixth business day, the attorney files a “Motion for Default.”

12. Clerk’s Default

If no response is found, the Clerk enters a “Clerk’s Default” and forwards the file to the judge.

13. Judge’s Review

The judge reviews and signs the “Final Judgment,” which is mailed to the attorney and resident.

14. Final Judgment Notification

The attorney notifies you of the signed “Final Judgment” and asks if you want a “Writ of Possession.”

15. Writ of Possession

If needed, the attorney requests and obtains the writ from the Clerk, who issues it to the Sheriff’s Department.

16. Execution of Writ

The Sheriff’s Deputy posts the writ on the unit door, giving the resident 24 to 48 hours to vacate.

17. Meeting the Sheriff

You meet the Sheriff’s Deputy at the unit to change locks and remove the resident’s belongings.

18. Property Removal

If belongings are left behind, you remove them to the property line.

19. Final Steps

Never extend the writ or allow the resident to retrieve belongings without proper legal guidance.

Contact Your Lawyer

Always call your lawyer if issues arise during the eviction process, especially if the unit is still full of belongings.

For more detailed information and guidance on uncontested evictions, always consult with your legal advisor.