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Notice to Quit

Tenant receives notice to quit, ending or terminating the tenancy. Tenant does not have to move out by the date on the notice.

Tenancy Termination

If tenant receives 14-day notice to quit, tenancy terminates 14 days
after receipt, unless tenant revives the tenancy by paying. If tenant receives 30-day (or rental period) notice to quit, check to make sure
the notice is properly done.

 

After tenancy terminates

Service of Summons and Complaint


Landlord can have summons and complaint served, but only after tenancy is terminated.

 

7 - 30 days


after service
of summons
and complaint

Entry Date


Landlord can file (enter) complaint in court. Must file it on
a Monday at least 7 days, but no more than 30 days, after she
has summons and complaint served on tenant.

 

On entry date

Tenant’s Motion to Dismiss


Tenant may file a motion to dismiss the case on the entry date
or with the answer.

 

7 days


after entry date

Tenant’s Answer and Discovery Due (Answer Date)



Landlord and court must receive answer and discovery forms 7 days after the entry date (which is the Monday after the entry date).

 

3 - 9 days


after answer date

Pretrial Motion to Dismiss Hearing


Tenant may have motion to dismiss heard on the original trial date
if she has not done so sooner. (Housing court usually allows these motions at any point.)

 

3 - 9 days


after answer date

Original Trial Date


Eviction trial held unless tenant files discovery form or transfer form

 

10 days


after landlord receives discovery

Landlord’s Discovery Response Due


Landlord’s response to discovery due 10 days after tenant serves discovery.

 

5 days


after landlord’s failure to respond

Tenant’s Motion to Compel Discovery


Tenant must serve motion to compel discovery on landlord within
5 business days after the landlord’s failure to respond or inadequate response
to discovery.

 

17 - 23 days


after answer date

Rescheduled Trial Date


Eviction trial automatically rescheduled to this date if tenant files discovery forms.

 

1 day


after trial

Entry of Judgment


Court can enter judgment the day after the court makes its decision.

 

10 days


after judgment

Appeal


Tenant or landlord must appeal within 10 days from entry of judgment.

 

11 days


after judgment

Execution


Landlord can get an execution from court and give to sheriff
or constable to serve.

 

1 day


after execution

Notice of Eviction


Sheriff can serve the execution (48-hour notice of eviction) on tenant.

 

2 days


after execution

Sheriff Can Move Tenant Out


Sheriff can move tenant out 48 hours after landlord gets the execution.