You may wish to contact your attorney before beginning eviction procedures. If you wish to proceed on your own, the following steps are suggested. If you feel you need legal help or advice, then you should consult an attorney.
The first step a landlord takes in an eviction is to serve a Landlord’s 5-Day Notice if the reason for eviction is for non-payment of rent.
A 30-Day Notice is served if the eviction is for any other reason.
These notices can be obtained commercially. (Locally, you can purchase a notice at Will Harms Office Supplies across from the Courthouse.)
The landlord fills out two copies of the notice. If the Sheriff’s Office is to serve the notice, the landlord will be billed for service, and upon receipt of payment, the original notice, with affidavit of service attached, will be forwarded to landlord. If the landlord serves the notice, he should complete the back of the notice, and have his/her signature notarized.
If the tenant continues to occupy the premises after the time of the notice has passed, the landlord takes the original notice showing service, to the Tazewell County Circuit Clerk’s Office. At this time, he or she files a summons and a complaint in forcible detainer, which will be served on his tenant by the Sheriff’s Office. A fee will be charged and the landlord will be billed by the Sheriff’s Office. Fees should be included in the landlord’s court costs.
After the landlord has been to court and the tenant does not comply with the court’s order, the landlord then goes to the Tazewell County Clerk’s Office to obtain Order for Possession. The landlord takes the order to the Sheriff’s Office to arrange a time when the Sheriff’s Office can send a deputy to serve the order and stand by while the landlord and his manpower move the tenant out. A fee will be charged and the landlord will be billed for service of the order.
For rent owed and/or for payment of damages by the tenant, the landlord will have to take the tenant to Small Claims Court. To do that the landlord should go to the Tazewell County Circuit Clerk’s Office and file suit in the Small Claims Court.