Court and Execution
Going to Court
After the Notice to Quit periods have expired, a landlord my go to the local housing court or district court and obtain a Summons and Complaint for Summary Process (Eviction). This Summons will list three important dates: the Entry Date, the Answer Date and the Trial Date.
An Entry Date is the last day a landlord may prove to the court, via completed summons and proof of Notice(s) to Quit, that that the summons was served upon the tenant.
The Answer Date is the last day the tenant has to file with the court an “answer” which is a written document that tells the tenant’s side of the story and asserts any defenses and/or counterclaims to eviction.
The Trial Date is usually the second Thursday after the Entry Date (though that may vary based on the individual court). If a tenant files discovery with the answer, the Trial date is automatically rescheduled for two weeks after the original Trial Date. This may be listed on the Summons as the Rescheduled Trial Date.
After a trial, if a judge enters an order in favor of the landlord, a landlord will be able to get an order from the court called an “execution”. An execution gives the landlord permission to have a sheriff or constable move a tenant’s belongings out of the leased space and into a storage unit. The earliest a landlord can get an execution is ten (10) days after a court issues a judgment in the matter.
Once a landlord receives the execution, the sheriff/constable must give the tenant 48-hours written notice to vacate the premises or the tenant’s possessions will be forcibly moved into storage. This notice must state the date and time the sheriff/constable will move you out (which may only be done between 9:00 a.m. and 5:00 p.m. Monday through Friday).
Filing/Service Fees (Landlord only)
Filing Fee: $135.00 (Housing Court)
$195.00 (District Court)
Summons Fee: $5.00
Service of Process Fee (approximate): $30.00-$60.00 (by Sheriff or Constable)
If you are looking for professional representation during an eviction, or you would like a more detailed explanation of the eviction process, please feel free to contact Mikowski & Leonard, LLC for a completely free consultation. Our attorneys have experience representing landlords and tenants in both Housing Court and District Court.