When will I be able to remove the tenant(s)?

There are multiple phases to the eviction process.  The sooner the court documents are prepared, filed and processed, the closer you will be to obtaining your eviction. There are several scenarios:

Default: If the tenant(s) do not file a responsive pleading to the eviction lawsuit, they are in default. This will enable you to file the documents to obtain a default for possession judgment only. After the default for possession is granted, the focus will be on obtaining the authority to get a Sheriff’s lock out.

Answer: If the tenant(s) files a responsive pleading to the eviction lawsuit, they typically argue that the rent is excessive, already paid or the property was uninhabitable and repairs were requested or they were forced to make the repairs and they are owed a credit. In this scenario, you will need to prepare and serve discovery before your trial date. You will also need to file a Request for Trial Setting so that the court can set a trial date to hear your case. Waiting for the trial date is the part that will require most patience as courts are typically backlogged and busy.