GENERAL PROCEDURES FOR FILING
AN EVICTION FOR NON-PAYMENT
1. The tenant must have already failed to pay the rent as agreed. Landlord cannot refuse to accept rent and thereafter claim rent was not paid.
2. The landlord must deliver a written "NOTICE TO VACATE" or "DEMAND FOR POSSESSION" naming each occupant the landlord seeks to evict from the premises. The notice must give the reason for demanding possession. The written notice must give the tenant time to vacate volunarily. The time to vacate in the notice must be at least (3) days, unless the landlord and tenant have agreed to a greater or lesser than three day time period in a written lease or agreement.
3. Generally, the notice to vacate must be given in person or by mail to the premises.
Delivery of the notice must be done by one of the following methods:
a.) In Person.
- Personally delivered to the tenant or any persons residing to the premises who is 16 years of age or older; or
b.) Attached to the inside of the main entry door.
c.) Mailed to the tenant.
- By regular mail, registered mail or certified mail, return receipt requested, to the premises in question.
* NOTICE PERIOD: The notice period is calculated from the day on which the notice is delivered.
***If mailed the landlord must wait an additional two (2) days to allow for the mail to be delivered before filing the eviction.***
4. After the notice is delivered, wait until after the notice period expires, then go to the Justice of the Peace Court in the precinct where the property is located to file a written "sworn complaint" for eviction. The court will determine who has a greater right to possession of your rented property. Forms for filing are available.