Q: I have someone living in my house/apartment and they are not paying their rent. What can I do?

A: It is highly recommended that you seek advice from an attorney. As a landlord, you have specific rights and responsibilities.

The following procedure is the eviction procedure:

A written notice to vacate shall be delivered to the tenant by the landlord. The notice to vacate shall be delivered at least three (3) days before commencing the lawsuit, by leaving a written copy with the tenant party or by leaving a copy with any person over the age of 12 years residing at the residence described in such notice, or if no such person is found at the residence, by posting a copy of such notice in a conspicuous place or by mailing a copy of the notice to the tenant at the address described in the notice. The three day notice period provided for in this section shall be computed as three consecutive 24-hour periods to start at the time the notice is delivered, posted or mailed. If the notice is mailed, an additional two days from the date of mailing shall be allowed for the person to leave the residence before the lawsuit is filed. Saturdays,Sundays and holidays can be figured in this time period.

A forcible detainer or summons and petition can then be filed. A petition is an official court document outlining the claims of the action filed by the landlord(s) (plaintiff) against the tenant(s) (defendant). This document is filed with the Clerk of the District Court. The Clerk of the District Court will set a court date for both parties to address issues before the court. Judgement is entered at the court hearing for possession of the premises. The tenants have (5) five calendar days in which to appeal judgement. At the end of the 5 day period, if no appeal has been made, then a Writ of Restitution is issued by the court at the request of the plaintiff.

A Writ of Restitution is an official court document directing and ordering the Sheriff to immediately remove persons from the premises and inventory the personal property that has been left and turn it over to the plaintiff or landlord. Entry will be by whatever means necessary to effect the court order. Locksmith may be used if needed. Property will be video taped and inventoried by the Sheriff. (We take no property from the premises).

The Sheriff has (10) calendar days to complete the eviction from the date of issuance to Sheriff by the Clerk's Office. Usually prior to the Sheriff effecting the Writ, a notice is posted to the residence stating that the Sheriff will be evicting the residents on a particular day and time. This is a courtesy only, as a notice is not required by law.

The Eviction or Writ can only be cancelled by the plaintiff or his/her Attorney. The defendant cannot cancel the action.

Q: What if I am being evicted and have not moved from the residence by the date the Sheriff evicts me?

A: As a tenant, you may seek advice from an attorney as you also have certain rights and responsibilities.

If the person(s) being evicted are still at the address at the date and time of eviction, the Sheriff will escort said person(s) from the premises. An inventory will then be made and the property will be turned over to the landlord or a representative of the landlord. The tenant must then make arrangements with the landlord to pick up the tenant's possessions, usually at the convenience of the landlord.