Landlord & Tenant

While the staff of this court will try to help either party to an action, you must understand that:

• Our clerks are not attorneys and they cannot give legal advice.
• The judges may not and will not give advice on matters they may have to rule on.

A tenant can be evicted for various reasons. Some common reasons are failure to pay rent, destruction of property, or failure to follow rules and regulations.

Notice to Quit
Before a landlord can file a lawsuit to evict a tenant, the tenant must be served a copy of a notice to quit. A notice to quit may be a demand to pay the rent due or vacate the property; it may also be a termination of tenancy notice. After the specified time on the notice to quit has passed, a complaint may be filed in District Court along with original copy of the Notice to Quit, proof of service properly filled out, and any lease/rental agreement. There is a fee for filing the complaint. A copy of the complaint and a notice of court hearing must be served on the tenant.

Tenant & Eviction
The tenant may have defenses to this action and may file an answer in writing prior to the hearing date or orally at the hearing. If the tenant fails to appear at the court hearing and answer the complaint, a default judgment for possession of the property and money judgment may be entered. 10 days after the default judgment has been entered, the landlord may obtain a document called an Order of Eviction. This authorizes the landlord to have the tenant evicted and have the tenant’s belongings removed from the property.