Flowchart of Eviction Proceedings
DEFINITIONS
Tenant: Person(s) that is renting an apartment, house, mobile home, or building from a landlord.
Landlord: Person or Company that is renting the apartment, house, mobile home, or building to the tenant.
Notice to Quit: A notice form used by landlords to notify tenants that the Landlord is demanding that the Tenant must either comply with an order or give up possession of the rental property within a certain period of time.
Adjourn: Postponement of the proceedings by the court.
Escrow: A bond, deed, or other document (in this case most likely money), kept in the custody of a third party (usually a bank) and released only when a condition has been met.
Complaint: A pleading that starts the case and is a document that sets forth a jurisdictional basis for the court’s power, the landlord’s cause of action, and a demand for judicial relief.
Summons: A form prepared by the Landlord and issued by a court that informs the Tenant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized process server.
Answer: Refers to a Tenant’s statement in response to a Landlord’s initial petition or complaint.
Default Judgment: A binding judgment in favor of either party based on the failure to take a certain action by the other party.
Summary Disposition: The court may grant a motion for summary disposition if there are no genuine issues of material fact in dispute.
Injunctive Relief: An order of the court which prevents a party from doing certain acts or requires a party to act in a certain way to prevent future wrongs.
Dismiss Without Prejudice: If a case is dismissed in this manner, the case may be re-opened, for example, the landlord can re-file the claim, amend the claim, or bring the case to another court.
Jury Trial: A jury will be selected to make a decision in the case.
Bench Trial: A trial by judge.
Prepared by Abagail Cacovic - October, 2022