Eviction Papers: Fill & Download for Free

As a county deputy constable I was often asked to enforce orders of a court. Whenever we had eviction papers for someone we always gave them 72 hours to vacate the premises.I had an eviction that I delivered 5 days before Christmas one year. The home was set up with all kinds of festive decorations, with a beautiful tree as their centerpiece. I learned that the tenants had been paying their rent regularly and on time every month, but the landlord/owner wasn’t paying the mortgage company. It was obvious that the poor tenants we thrown in the middle, and never anticipated being evicted at all.I looked at the packages under the tree and the wonderful photos of their young children, and decided there was no way I was going to throw this family out of the house right before Christmas.“My boss usually gives tenants 72 hours to get their stuff out, but wouldn’t you know it … we are going to be short staffed on the 23rd through January 4th. There is just no way we’re going to be able to enforce this order before then.”The father had tears in his eyes as he thanked me, knowing that I had just lied through my teeth at him!I went back to my office and called the mortgage company that was the plaintiff in the matter. After I explained that the tenants were actually innocent parties, and that our office couldn’t enforce the eviction until after the first of the year the clerk told me that her company was perfectly fine with the way I had handled the matter.When I went back to the home on January 4th the place was completely vacant, and had been left in a very clean condition.As a cop I’m certainly a lot of things, but I’m certainly not going to be the Grinch five days before Christmas!

If someone moves out before the eviction hearing even if they hadn’t paid rent for months, can they still get an eviction judgment against them?Absolutely! We did with a “tenant” we evicted earlier this month. She was actually a squatter, but because the legal tenant in the property had given her permission to sleep in the garage for a few days, she gained residency rights.Due to the problems the squatter caused, the legal tenant had to terminate his lease and move out, but she refused to go. The police officers who responded to the numerous complaints on her (selling drugs, prostitution, noise, etc) said she’d clearly done this before (moved in and refused to leave). We had to evict her to get rid of her.We don’t know when she finally left the property, but it was after we filed the eviction papers and before the Constables came for the lock out. We had already decided we were going to finish the eviction on her regardless.If you make your landlord go to the hassle and expense of evicting you, he’s going to finish it because he can’t legally take possession of the property until the eviction is completed. And once he has the eviction order he can sue you for the unpaid rent and court costs, get a judgement, garnish your wages, seize your assets and levy your bank accounts (subject to any state limitations).

10 days late on paying your rent is excessive.But it’s likely not “eviction papers”; what they’ve probably given you is a “notice to quit”.An eviction action is different; after you’ve been given a “notice to quit” — or a “notice to quit or correct”, and have failed to correct the problem — the landlord has to file court papers.After that, you are served a subpoena by the court system, and there’s an eviction hearing.If you fail to show up and argue your side on that, then the court will enter a default judgement in favor of the landlord.After that, then you get a notice of eviction — from the court. Three days after that, the county sheriff shows up, and the landlord’s workmen show up and take all your possessions to the curb.At any point in this process — you could just get out. After it goes to the hearing, however, you would have an eviction as a court record.And then no landlord in their right mind will rent to you again.But what you have in hand is probably not an eviction; it’s probably only a “notice to quit”.If it is — an eviction will be coming — unless you get out before the court papers are filed, and the hearing.It’s time to go.