Eviction

questions & answers

Question: Does one have to vacate premises immediately when served papers by sheriff. Rent has never been late. Got caught smoking in nonsmoking apartmrnt

Answer: The answer to the question depends on what documents you have been served with. If the landlord has already gone to court and won a special detainer (eviction) action against you and has now obtained a formal writ of restitution, then the sheriff may remove you immediately. However, if you have only received a summons and complaint at this point – which a landlord may only seek from a court after giving a tenant written notice of the landlord’s intention to seek the eviction of the tenant for breaching the rental agreement – then you may remain in the premises until the court makes its decision. (As will be stated in the summons and complaint, you have the right to defend yourself from the attempted eviction in court.)