42nd District Court (Division I / Romeo) - Landlord Tenant Civil Cases
LANDLORD TENANT CIVIL CASES
To begin a landlord tenant suit a 7-Day Notice to Quit or the 30-Day Notice to Quit and a copy of lease/rental agreement is necessary.
Evictions under a 7-Day Notice to Quit.
This eviction notice allows the tenant seven days to pay their rent or vacate the dwelling. If tenant does not pay or refuses to vacate, the landlord then returns to court with the 7-Day notice to quit and files a summons and complaint to evict.
Evictions under a 30-Day Notice to Quit.
This notice is used by a landlord to evict a tenant who is creating a nuisance or violating the terms of a lease. A 30-Day notice to quit is also used when a landlord wishes to regain possession of a rental unit for remodeling or at the expiration of a lease.
After the 7-Day notice is served, the plaintiff waits 8 days before he/she can file the summons and complaint with the court. After the 30-Day notice is served, the plaintiff waits 31 days before he/she files the summons and complaint.
FILING FEE SCHEDULE
- $55 for possession only
- $35 filing fee $0 - $600
- $55 filing fee $601 - $1,750
- $75 filing fee over $1,751 - $10,000
- $160 filing fee over $10,000 - $25,000 (maximum)
All summons and complaints are served by the 42-1 court officer. Cost is determined by the location of the defendant's residence. Contact court for service fee.
After a summons is filed with the court, a court date is scheduled. Plaintiff and defendant are required to appear. A judgment (decision) is entered, and the defendant has 10 days to comply with the terms set forth in court.