Summary Ejectment

Summary Ejectment is an unfortunate process landlords have to employ from time to time. Not everyone is the ideal tenant who timely pays rent each month and leaves the rental property in the same condition it was given. Occasionally, there are tenants who stay longer than the terms of their lease, default on their rental payments, or take any other action in violation of the rental agreement. In situations like those, the landlord has the right to begin the process known as summary ejectment, also known as eviction.

File a Complaint

The first step is that the landlord must file a complaint with the clerk of superior court asking that he regain possession of the property in small claims court. Next, the clerk will issue a summons to the Defendant to appear before the court within seven days. At this appearance, there are a few scenarios that could occur. One, if the landlord proves that the tenant is at fault, the magistrate will issue an order that the defendant leave the property and the landlord be paid any money owed. Two, if the defendant admits that the landlord’s claims are true, the magistrate will rule in favor of the landlord. Three, if the defendant fails to show, the landlord will win if the pleadings are sufficient.

On the other hand, the defendant could attend the hearing and deny the landlord’s claims. If that is the case, the magistrate essentially plays the role of judge and makes a determination based on the facts presented. Regardless of the winner, the losing party is entitled to an appeal that will be heard by the district court if the notice is filed within ten days of the magistrate’s ruling.

Writ of Possession of Real Property

Assuming that the landlord is the winning party, the final step is filing a Writ for Possession of Real Property which will allow the sheriff to remove the tenant’s personal property within five days of receiving the writ. At this point, the sheriff must remove the property unless the landlord gives a written statement allowing the tenant’s property to remain or if the landlord signs a written agreement not to evict the tenant because all money owed (including court costs) have been paid.