What is an Eviction?

An eviction action is a small claims lawsuit in which a landlord asks the court to remove tenants who refuse to leave on their own. The case typically must be filed with the property owner as plaintiff, and the tenant(s) as the defendants.

Unlike most lawsuits, evictions have two distinct parts. In the first part of the case, the court has to decide whether or not the tenant has a right to stay in the property. If the court determines that the tenant has a right to stay, usually because of some kind of procedural or paperwork problem, the court will dismiss the eviction case in its entirety. 

If the court decides to evict the tenant, the court will issue an order called a “writ of restitution.” A writ is a fancy paper form that formally commands the sheriff to go to the property and remove the tenants. The landlord can then present the writ of restitution to the sheriff, and the sheriffs deputies will then arrange to appear at the rental unit with the landlord and order the tenants to leave.  

Once the court has decided to evict the tenant the eviction case will continue to a stage where the court decides how much money the tenant owes the landlord for back rent, repairs, or other items for which the tenant is legally responsible. Although eviction cases are always brought in small claims court, they are not subject to the normal monetary limits of small claims, and landlords can recover a money judgment against the tenants for all amounts they owe the landlord relating to the tenancy, without being limited by the otherwise applicable $10,000 cap on damages in small claims cases