The 18th District Court handles matters involving Landlord/Tenant disputes. This includes those involving eviction procedures such as nonpayment of rent or termination of tenancy.
Nonpayment of Rent
This action arises when rents are delinquent. Prior to the Plaintiff filing a case with the 18th District Court, the landlord must notify the renter that the landlord will file an action with the Court if the rent is not brought current.
This notification is done with a form called “Demand for Possession” or “Notice to Quit”. The form may be purchased at the Court for $1.00 or you may click the link. The landlord must then serve the renter with this notice. Refer to the bottom of the form for approved ways to serve the notice. The landlord must then give the renter 7 days to pay the rent before filing a case with the Court.
Terminate Tenancy
If the landlord wishes to have the renter evicted regardless of the rent status, the Landlord must first notify the renter of the landlord’s intent with a form called “Notice to Quit – To Recover Possession of Property”. The landlord must then serve the renter with this notice. Refer to the bottom of the form for approved ways to serve the notice. The landlord must then give the renter one month’s notice, or the period equal in length to the interval between times of payment, before filing a case with the Court.
Initiate a Claim
After following one of the above steps, and after waiting the required number of days, the landlord can file a case with the District Court. This is done by filing a Summons and Complaint with the Court. Again, these forms may be purchased at the court for $1.00 each or clicking the link.
When filing the Summons and Complaint with the Court, the Landlord must also bring to the Court the following items:
- 5 copies of the Summons and Complaint per defendant
- 3 copies of the Demand for Possession (7 day notice) or Notice to Quit per defendant
- 1 copy of the lease (if there is one)
- A self addressed stamped envelope for the filer (plaintiff) and one for each defendant listed.
- Appropriate filing fees
Frequently Used Forms
Demand for Possession (7-Day Notice), Nonpayment of Rent, Landlord-Tenant (form DC100a)
Notice to Quit to Recover Possession of Property, Landlord-Tenant (form DC100c)
Summons, Landlord-Tenant/Land Contact (form DC104)
Complaint, Nonpayment of Rent, Landlord-Tenant (form DC102a)
Complaint to Recover Possession of Property (form DC102c)
Rental Assistance (Form DC539)
All litigants will be required to provide stamped, self-addressed envelopes to return pleadings or documents. This includes pleadings in landlord-tenant cases.
Once the Summons and Complaint have been filed with the Court, along with the required items listed above and the filing fee, the Court will assign the matter a case number and a court date. The court date, as required by law, will be between 7 and 10 days from the date that the Summons and Complaint were filed. Note: Due to Supreme Court Order 2020-17 and COVID restrictions, your court date may be in excess of 10 days.
The renter must then be personally served by a Process Server. If you do not know a Process Server, the Court may assign one for you. Additional costs will be collected for the court to provide service. The landlord cannot serve these papers on the renter.
If the landlord (who is now the plaintiff in the lawsuit) fails to appear on the scheduled court date, then the Judge will dismiss the case.
If the renter (who is now the defendant in the lawsuit) fails to appear, then a Judgment will be entered against the renter/defendant in the amount of money claimed to be owing by the landlord, plus court costs. A date will also be given (usually 10 days from the date of the Judgment) for the renter/defendant to vacate the premises.
Eviction
Once a judgment has been entered, should the renter fail to move out as ordered by the Judge, the landlord/Plaintiff, must file with the Court a form called an Order of Eviction. There is a filing fee of $15.00 when this form is filed with the Court as well as a $44 cost for the court officer to serve the renter. This form also requires the Judge’s signature.
Once the form is signed by the Judge, the Process server who is approved by the Court will have the authority to evict the renter from the premises.
If you require special accommodations to use the court because of disabilities, please contact the court immediately to make arrangements.