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

What you need

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 file

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

Next steps

  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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