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File for eviction in Court

Three days after the notice is delivered to the resident, the manager must go to the courthouse assigned to their property and file for eviction after verifying that the resident is still occupying the unit.

All of the documentation listed before should be taken, including the check for each File.
(Create a Packet of all the documents for each tenant.)

You will be issued a receipt for each file at the courthouse. Make sure to keep the receipt within the file folder for safekeeping.

Court hearing and informing the resident.

A court hearing is a formal event where a judge listens to both parties and renders a decision in one party’s favor based on the evidence and documents provided.

Many times, the resident does not show up to the court hearing. This means that the decision will be in favor of the management company as long as the paperwork is completed appropriately.


On occasion, the Collections Director will accompany the manager to the court hearing. 

The decision can then be one of two: 

In Favor of the management company. 

  • This means that the judge will set a date for the tenant to vacate.

In Favor of the Tenant

  • This implies that, based on the information presented, the Judge does not believe the resident should vacate the apartment, and the tenant may remain on the premises. (This does not imply that the tenant is free to pay his or her rent.)

*Both the Management company and the resident can appeal the decision.
In other words, if either party requests it, they can request a review of the judge’s judgment. *

If the Resident Appeals, there will be a second court hearing, and the new judge will make a decision.

The collection department recommends that you check the court docket number on the court website to see if the resident appealed. This way you do not miss the second court date.