Precinct Boundary Change Affecting Evictions
Please be aware, a new county precinct map has been adopted which will affect which precinct evictions should be filed in. This map has been in effect since January 1, 2022.
Please verify your precinct before filing an eviction after January 1, 2022. You can enter your address to confirm your precinct.
How to File an Eviction
General grounds for eviction include:
- A tenant breaches a lease term (including not paying rent) and fails to surrender possession upon demand.
- A tenant holds over after the termination of their lease and fails to surrender possession upon demand.
- The occupant is a tenant at will or by sufferance and fails to surrender possession upon demand.
- The occupant is a squatter or squatter's tenant and fails to surrender possession upon demand.
A Notice to Vacate must be given to the tenant:
- The landlord must give a tenant who defaults (breaches a lease term, including not paying rent) or holds over after the end of the rental term or renewal period at least three days written notice to vacate unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.
- In case of Foreclosure, the written notice to vacate must be given 30 days in advance
- Notice to Vacate should be delivered in person or by affixing to the inside of the main entry door. OR by registered mail.
- Oral notice is generally considered insufficient.
After the time noted in the notice to vacate, the next step is to file the eviction suit. The form can be found in the Petition - Eviction Including CDC Moratorium Information September 30, 2020 (PDF). Fill out completely and deliver to the court.
Delivery can be made by:
- Dropping the paperwork into the Dropbox outside of the courthouse
- Or via E-File.
Information for Tenants
If you have received a Notice to Vacate from your Property Manager or Landlord, your first steps should be to contact them or their representative to determine if there is a way to resolve the issue before coming to court.
If you've received a notice to appear in court for the eviction case, please follow the instructions on the sheet to sign into virtual court. If you are concerned about how to manage virtual court, please call our office BEFORE your court appearance to time for assistance at 512-352-4155.