Court Process

(Service, First Appearance, Settlements, Trials)

Once a landlord has served the proper notice (such as a rent demand, notice to cure, or 30/60/90-day termination notice) and the lease or notice period has expired, they can file for eviction in the local court where the apartment is located.

I’m being Evicted

If you are being evicted and need assistance please go to our services pages to learn how we can help.

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Service of Court Papers

  • Court papers must be served 10–17 days before the court date.
    • If papers are served too early or too late, the tenant may be able to have the case dismissed.
  • Papers must be served by a disinterested third party, and may be delivered by:
    • Certified mail
    • Regular mail
    • Personal delivery

After Papers Are Served

  • The tenant should prepare to attend the court date.
  • If the tenant does not appear, the judge may issue a:
    • Default eviction (warrant is issued immediately)
    • Money judgment for unpaid rent

Even after a default judgment, the landlord must still go to the Sheriff’s Office to serve the tenant a 14-day notice to vacate. Except in rare cases, tenants should always receive this notice before being evicted.

Important service rules:

  • No servicing can take place on on Sundays
  • Papers must go to someone of “suitable age” (typically 14 or older)
  • Papers cannot be served at the tenant’s workplace
  • An affidavit of service must be filed to confirm proper delivery. If this is not done, the case can be dismissed.

Resolving Nonpayment Cases

  • If a tenant pays all the rent owed before the court date or eviction, the case should be dismissed. If this is the case, the tenant should call the court to confirm the case has been withdrawn.
  • If the landlord refuses payment after the eviction warrant was granted by the court, the tenant can file an Order to Show Cause to prevent the eviction.
  • If a tenant misses court for a good reason, they should file an Order to Show Cause immediately.

Court Filing & Attorney Fees

  • If the landlord wins the case, they are usually entitled to recover the $45 court filing fee.
  • During settlement negotiations, this fee is often used as leverage—it can be waived or split.
  • Judges generally do not tie the filing fee to the eviction outcome, but this varies by court.
  • Attorney fees should not be tied to an eviction case. The landlord may request this but tenants can refuse.

First Court Appearance

Tenants are entitled to an adjournment – often for 14-days – but it must be requested in person during the first appearance. Tenants should explain the reason for the request. For example, “I need time to find a lawyer”, or “I’m working with another agency that may be able to pay my rent”. It is not common that a tenant receives more than one adjournment.

If a Settlement is Reached

Most housing court cases are settled outside the courtroom (often in the hallway). These agreements are legally binding and become court orders. Common types include:

“Stayed Pending Payments” – Payment Plans

The tenant agrees to make regular payments toward both back rent and current rent.

  • A warrant of eviction is still issued but paused (or “stayed”) as long as payments are made on time.
  • Missing a payment—even by a small amount or a single day—allows the landlord to move forward with the eviction.
  • If the tenant catches up on missed payments, the eviction can be stopped.

“Warrant with Stay” – Vacating by Agreement

The tenant agrees to move out by a set date and may forfeit their security deposit in exchange for extra time.

  • A warrant of eviction is issued, but it is paused until the agreed move-out date.
  • If the tenant stays beyond that date, the landlord can immediately execute the warrant.

“Lockout Warrant”

The tenant agrees to leave by a set date.

  • After that date, the landlord may proceed with the lockout immediately.
  • No 14-day Sheriff’s notice is required if the tenant remains past the agreed-upon date.
If No Settlement is Reached

Tenant Has Legal Defenses

  • The tenant may request a 14-day adjournment to:
    • Seek legal help
    • Gather evidence
  • A trial may be scheduled if there is a dispute over:
    • The amount of rent owed
    • Code violations or habitability issues
    • How the court papers were served

Tenant Has No Legal Defense

  • The judge may issue:
    • An eviction order
    • A money judgment for unpaid rent
  • The judge may allow additional time to move out, but this is not guaranteed.

Trial

If no agreement is reached, the case goes to trial. Both sides present evidence, and the judge makes a decision.

Tenants should bring:

  • Receipts showing rent was paid
  • Photos or videos of housing/code violations
  • Copies of communication with the landlord (texts, emails, letters)
  • At least three printed copies of all evidence to submit to the court