Fillable Eviction Notice (Page 2 of 7) in pdf

CITATION:

The Constable will serve each tenant with a citation based on the information you

give to the Court. The tenant will be informed in the citation of the DATE and TIME

of the hearing and a DEFAULT JUDGMENT may be rendered against him if he does

not appear at the time designated.

REPRESENTATION:

The owner's agent may file any type of eviction suit and may represent the owner

at any default judgment hearing. If the case is contested, an agent may represent either

party if the case involves non-payment ofrent or holding over.

HEARING:

Always arrive at least ten (10) minutes prior to trial and check in with the clerk.

Identify yourself by name along with the names of any witnesses that you want sworn

to give testimony. BE SURE TO HAVE A COPY OF yOUR LEASE, NOTICE TO

VACATE, AND PAYMENT RECORDS or any records pertaining to the case.

IF THE DEFENDANT DOES NOT APPEAR AT HEARING:

A. The plaintiff will present their case to the Judge;

B. If Judge rules in plaintiff's favor, a DEFAULT judgment will be granted.

IF THE DEFENDANT APPEARS AT HEARING:

A. Judge will hear both sides;

B. Judge will render a decision;

C. If Judge rules in Plaintiffs favor, defendant will have five (5) days AFTER

JUDGMENT TO APPEAL TO COUNTy COURT. IF NO APPEAL IS FILED

AND DEFENDANT DOES NOT MOVE:

A. A Writ of Possession and Restitution may be filed.

B. Cost of Writ is $205.00

Writ of Possession shall order the officer executing the writ to instruct the

tenant to remove or allow the landlord, the landlord's agent, or persons acting

under the officer's supervision to remove all personal property claimed to be

owned by the tenant and place, or have an authorized person place, the

removed personal property outside the rental unit at a nearby location, or street

and NOT while it is raining, sleeting or snowing.

After you are sworn, present your evidence in sequence from beginning to end;

Date lease or rental agreement began and if agreement is still valid on a month to

month basis.

B. Terms of lease including rent per month and date rent is due.

C. Amount of pure, lived up, unpaid, back rent owed up to the Court date and how it

was computed. Late charges, penalties, etc. cannot be pleaded for in eviction suit.

D. Prove that tenant is in violation of lease and why he is in violation.

E. Date that proper written notice to vacate was given to the tenant.

F. In summary, state specifically what you are pleading for:

Example: I am pleading for possession of property and back rent in the amount of

, plus court cost.

Eviction Notice Page 2