Residential Evictions for Nonpayment of Rent

Key words and phrases

Business/Judicial Days - Days on which the court is open, not including weekends and holidays.

Calendar days - Every day on the calendar, including weekends and holidays.

Complaint - A document the landlord files with the court stating how the tenant violated the rental agreement.

Rental Agreement - A written or oral contract for rental of a residence.

Summons - A formal written order from the court in which the complaint was filed requiring the tenant(s) to appear in court at a specific time to respond to the complaint.

Writ of Restitution - An eviction order signed by a judicial officer.

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Eviction timeline for nonpayment of rent cases

How to count time:

Never count the day a notice is delivered or the complaint is served; start counting the next day.
Count either calendar or business days as indicated.

At any time after failure to pay rent	-------	Notice of Termination of Rental Agreement
The complaint is not filed until after the five day notice expires	-------	Complaint
Summons must be served at least two business days before plea or trial	-------	Service of Summons
May be followed immediately by trial plea of tenant in justice court	-------	Plea of Tenant
Postponement no longer than three days in justice court, five days in superior trial court, for good cause shown, supported by an affidavit	-------	Postponement of Trial
The trial will be held no sooner than three days and no more than six days from day the complaint is filed or the plea entered	-------	Trial and Judgment
Eviction is no sooner than the sixth calendar day after the trial and judgment		Eviction Order Served