 Once the three day notice has been served and the requisite three days have elapsed, the landlord may then file an eviction action. Usually, a claim for eviction and money damages are filed in the same action, but in separate counts. (If the tenant has already vacated and the premises has been deemed abandoned, or if the tenant has surrendered the premises, then of course only a collection action is filed.)
The eviction count of the suit must be answered by the tenant within five business days after service of process. The claims for money damages must be responded to by the tenant within twenty days after service of process. If the suit is posted, jurisdiction is only obtained on the eviction count and not for the damage counts, so only a judgment for removal and attorney's fees and court costs can be obtained unless service of process is subsequently obtained.
The tenant is required to pay the rent claimed to be due into the court's registry during the five day answer period unless the tenant claims it has paid the rent, disputes the amount claimed, or has good cause for the inability to pay. The court must then decide these preliminary issues if called upon to do so. Failure of the tenant to pay the rent supposedly forfeits the tenant's right to possession without further notice or hearing.
Once the answer is filed regarding the eviction count, the eviction hearing can be scheduled and heard by the court. Of course, if the tenant has not paid the rent into the court's registry prior to the end of the fifth day, the tenant will loose the opportunity to defend the case unless the tenant claims in its answer that the rent had already been paid. At the eviction hearing, the only issue for the court's determination will be the tenant's right to continued occupancy. If the tenant does not prevail, a final judgment granting possession to the landlord is signed by the judge and a writ based upon it is issued by the clerk and taken to the sheriff for service. The sheriff then meets the landlord and the locksmith to put the landlord in possession of the premises. If the tenant prevails, the tenant may remain in the premises, although the suit for damages may continue. If the tenant does not answer the suit within the five business days, a default judgment may be entered against the tenant upon proper application and affidavit in proof of claim. If the tenant is a person, the affidavit must also contain a statement to the effect that the tenant is not in the military service.
After twenty days, the tenant's responsive pleading are due on the money damage counts, and if filed, trial on damages may then be set. Again, if no answer is filed, a default final money judgment may be obtained against the tenant.
Before either the eviction count or the money damage counts can be heard, a notice for trial must be filed. The notice for trial on each count may not be filed until the tenant's answers on each count is filed. The trial is then scheduled and an order setting the trial is signed by the judge. The trial on either eviction or money damages may not be set for less than thirty days after the filing of the notice for trial and the signed order setting the trial is served.
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