FORCIBLE ENTRY AND DETAINER: (Evictions)
In a forcible entry and detainer, the tenant must be given a Notice to Leave the Premises. A three day notice is required if the tenant is in breach of any agreement, written or oral, i.e. non-payment of rent, utilities, etc. A thirty day notice is required if the tenant is not in breach and you just want them to vacate. In either event, the Notice must be sent by certified mail, personal service or by attaching the Notice to the entry door. If either personal service or attaching to the door is done, the landlord should have a witness present. The quickest and best method is personal service. Once you fill out the Notice, you should make a copy.
If after the 3 days or 30 days have passed and your tenant has not vacated, you will then file a Forcible Entry and Detainer Complaint, with a copy of the Notice to Leave the Premises attached with the Monroe County Court. The filing deposit is $109.00 for one defendant and $10.00 for each additional defendant. The court must then serve Summons with the Complaint by certified mail. If personal service is requested, you must request it in writing. You will be sent a Costs Statement for sheriff fees once it is served on the defendant(s). You are required to pay those fees upon completion. Any amounts paid, including filing deposit will be added to any judgment you may receive.
A court date will be scheduled. There must be at least five (5) days notice to the defendant(s) before the court can have a hearing. The Judge may at that time issue a Writ of Restitution. If such Writ is issued, the landlord must follow the below guidelines for eviction.
If a Writ of Restitution is issued, the landlord may contact the Monroe County Sheriff's Office to designate an agreed upon time, not to exceed five (5) business days following the date of this writ, for a deputy to supervise the eviction process, if desired. Deputies will only supervise, provide protection to the Plaintiff and prevent the Defendant from interfering with the eviction process.
** Plaintiff shall have at least four adult persons present and able to remove Defendant's belongings. Plaintiff shall place all of the Defendant's belongings on the ground or at the curb outside the premises. The belongings are to be set on clean plastic sheeting. All of said belongings are then to be covered with clean plastic sheeting secured by duct tape or other suitable tie downs. After 48 hours if not removed by the Defendant, the property may be removed from the premises or otherwise disposed of.
If judgment is requested in the original Forcible Entry and Detainer Complaint, the defendant will have 28 days to file an Answer. If after 28 days have passed and the tenant has not filed an Answer, the landlord may file a Motion for Default Judgment.
If after the Writ of Restitution has issued, the landlord discovers damages, the landlord must request a hearing in writing on said damages with the court.