Landlords who force tenants out by either changing the lock, or otherwise may be liable for three times the damage suffered. The law requires the landlord to make a demand for unpaid rent or serve a 3-day notice requesting it before an eviction petition may be served. A letter from the landlord or the landlords attorney does not begin the court process. Summary of Eviction Procedure Eviction is the legal removal of a person from someone else's property. Landlord serves a petition showing reason and remedy for eviction.
Tenant appears in court to contest the eviction.
The tenant who fails to contest the eviction in court, loses the case by default. The court issues a warrant signed by a judge, to be served by the marshall,sheriff, or constable, requesting tenant to vacate premises. If there is no rent payment yet, the warrant will be served giving thetenant 72 hours to vacate. After 72 hours the marshall, sheriff or constable has the authority toremove the tenant's belongings from the premises and lock the tenant out.