The process for moving from failure to pay rent to ejectment for residential leases is a multi-step process:
Pay Rent.
In most leases the rent is due on the first with a 5 day grace period.
Pay or Quit Notice
If a tenant fails to pay and the was entered into or renewed before July 1, 2024, the landlord must give three business days to pay. The notice to pay or quit must be posted on the door in an envelope. The landlord must also comply with any lease notices.
Court Filing - Dispossessory
If the tenant does not pay or quit, the landlord can start the dispossessory action by filing in the magistrate court (usually) a dispossessory affidavit.
During this time, during the failure to pay rent case, the landlord cannot accept money, even partial payment. However, the tenant should keep the money and not spend it.
Tack and Mail or Service.
In these type cases, the tenant does not have to be personally served. The court stamped dispossessory affidavit and summons can be placed on the door (tacked) and mailed.
Answer and Counterclaim
The tenant will have 7 calendar days to respond with an answer (and counterclaim if appropriate). I recommend the tenant consult with an experienced tenant lawyer to discuss his or her rights, defenses, and claims. However, if you cannot do so, file the answer to meet the deadline.
Writ for No Answer
If a tenant misses the deadline, the landlord can apply for a writ. Once the judge signs it, the Marshals/Sheriffs will be scheduled to come for ejectment day.
Court Date
On your court date, be on time, have your exhibits printed, and have your witnesses ready. Phone evidence is often rejected because of the germs that are on phones. Many judges don't want to touch phones. I know I don't want to touch an opposing party's phone.
Once the docket has been called, you will be told to go out to speak with your opponent to exchange exhibits and to discuss settlement. Some courts have mediators to discuss cases with parties in an effort to resolve them.
Hearing - Order
After both sides argue their case, the judge will decide who wins and for how much.
If the landlord wins, the tenant will have seven days to vacate or the landlord will apply for a writ.
If the tenants win, they can stay until the lease runs our.
Ejectment
If the landlord wins and the tenants don't vacate, the landlord will obtain a writ and schedule a date for the marshal/sheriff to come to the property to keep the peace while the movers eject the tenants. Each department has a certain number of people a landlord must have to move the tenant out of the premises and onto the lawn, sidewalk, or driveway. After everything is out, the landlord should change the locks.
