What procedure does a landlord need to follow to evict a tenant?
When the landlord files an eviction proceeding in court, the tenant will receive an official summons to attend a hearing. The summons may be served on the tenant in person, by mail or by posting a notice on the rental property. The tenant must attend the hearing to explain why the eviction should not proceed (for example, the tenant attempted to pay the rent but the landlord wouldnt accept it, or the landlord failed to give the tenant a months written notice that s/he had violated the lease and must move out). If the court rules in favor of the landlord, the landlord will get a court order for eviction called a warrant for restitution and arrange for a sheriff to oversee the eviction. The tenant can appeal the eviction in Circuit Court within four (4) days of the date of judgment in non-payment of rent cases, and within ten (10) days in breach of lease or holding over cases. The tenant may have to post a bond to cover the rent while the court decides considers the appeal. On the day of
