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Respond to a tenant who doesn't come to their eviction court date

Find out what you need to do when a tenant doesn't come to court.

Housing Court locations

The Details of Respond to a tenant who doesn't come to their eviction court date

What you need for Respond to a tenant who doesn't come to their eviction court date

You should fill out, sign, and give to the clerk a summary process Rule 10(d)(ii) rent and military affidavit (see below).

In this affidavit, you state:

  • the amount of rent the tenant owes you; and
  • certify that the tenant is not on active military duty (and therefore is not protected against lawsuits under the Servicemembers Civil Relief Act).

How to respond Respond to a tenant who doesn't come to their eviction court date

Bring your filled out, signed form to your Housing Court Clerk's Office. 

Next steps for Respond to a tenant who doesn't come to their eviction court date

  1. Default judgment

    • The clerk will record the tenant’s default.
    • The clerk’s office will enter a default judgment on the day following the trial date.
    • The clerk's office will send copies of the default judgment to the parties.

     

  2. Getting an execution

    • The execution is the document that authorizes the actual eviction.
    • Once ten (10) days after the entry of judgment passes, you can send a written request for the execution, which you may create yourself, to the clerk’s office.
    • The landlord cannot evict the tenant without the assistance of a constable or sheriff, who must give 48 hours written notice to the tenant before the actual eviction can take place.

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Contact for Respond to a tenant who doesn't come to their eviction court date

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