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How can a landlord legally evict a tenant?



To bring an eviction action, the landlord must first serve a 3-day notice to vacate the premises in person, by mail, or at the premises. If the tenant does not move within the 3-day period, then the landlord must file and action in Forcible Entry and Detainer at the court in the city where the property is located. The Court will schedule a hearing and the tenant will receive a summons and complaint at least 10 days before the hearing.

At the hearing, the landlord may present evidence in support of the eviction and the tenant may present a defense to the eviction action. A tenant may raise the issue of bad conditions as a defense or a counterclaim at the eviction hearing. If an eviction is ordered, the landlord will make arrangements with the Court to have the tenant’s belonging removed from the unit if the tenant does not move. Local procedures may vary, check with your municipal court or an attorney.