Landlord - Tenants
To remove a tenant(s) from a rental property, a landlord can file a forcible entry and detainer action in the Clerk’s Office. In the first part of a forcible entry and detainer actions (an eviction), a magistrate determines who is entitled to possession of the property (the landlord or tenant) and whether a writ of restitution should be issued by the court. In the other part of a forcible entry and detainer action (the second cause), a magistrate determines if the landlord is entitled to recover damages from the tenant(s), and if so, how much in money damages. Eviction hearings are held on Monday, Tuesday, Thursday and Friday mornings in Room 715 of the Stubbs Justice Center. Second cause hearings, when necessary, are typically heard after a tenant(s) leaves the rental property. Magistrates hear second causes on Monday through Thursday afternoons in Room 715 of the Stubbs Justice Center.
A tenant(s) who feels his or her landlord is not living up to State law or terms of a rental agreement can, after adequate notice of the perceived problem(s) to the landlord, file a rent escrow case in the Clerk’s office. After a rent escrow case is filed, the tenant(s) pays rent to the Court instead of to the landlord until the case is resolved. During a rent escrow case, the amount of rent due may be reduced and the landlord can ask the court to release some of the rent for repairs. Magistrates hear rent escrow cases in Room 715 of the Stubbs Justice Center.