• Non-Payment: 5 days’ notice after rent is late for at least 15 days.^[1]
• Non-Compliance: 20 days.^[2]
• Illegal Activity: No notice required.^[3][4]
• Termination (Month-to-Month Lease): 30 days.^[5]
• Eviction Lawsuit: Forcible Entry and Detainer.^[6]

Utility Shutoff – It is illegal for a landlord to cut off utilities in an attempt to force a tenant out without a court order.^[7]

Changing the Locks – Changing the locks or otherwise restricting tenant access without going through the proper eviction process is prohibited by law.^[7]

Complaint for Eviction for Non-Payment of Rent (DC-54) – This complaint form is filed by the landlord in order to evict a tenant for failing to pay rent.

Complaint for Eviction for Reason Other than Non-Payment of Rent (DC-38) – Landlords may file this complaint form to evict a tenant for any reason other than the non-payment of rent.

Answer Defendant/Tenant (DC-53) – Completed by the tenant after receiving notification of an eviction action filed against them. This form allows the tenant to state the reasons why they should be permitted to retain their tenancy.

Before a landlord may seek a court’s assistance to evict a tenant, a landlord must provide notice to inform them that they will face eviction if the issue is not resolved. It is important that the landlord keep a copy of the notice served and have some evidence that it was in fact served. The possible forms are as follows:

• 24-Hour Notice to Quit (Illegal Activity)
• 5-Day Notice to Quit (Non-Payment)
• 20-Day Notice to Quit (Non-Compliance)
• 30-Day Notice to Quit (Month-to-Month Tenancy)

Once the landlord has waited the requisite waiting period, then they can file a complaint with the Local District Court. There are two types of complaints depending on the reason for eviction. For non-payment, use a Complaint for Eviction for Non-Payment. For other types of violations, use a Complaint for Eviction for Other than Non-Payment. An $80 filing fee applies.^[8]

After the tenant has been served the Complaint, they will have the right to reply to the court with the answer form.

At the hearing, the landlord will have to demonstrate that they served the notice properly and waited the requisite time period, but the tenant is still in breach of the lease. The tenant will have a chance to rebut the landlord’s claims.

If the judge finds in favor of the landlord, they will issue a Judgment for Possession which gives the tenant five days to vacate the property or appeal the judgment.

If the tenant hasn’t appealed or vacated by the end of the fifth day, an execution for eviction will be issued, giving the constable five days to remove the tenant.