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The Eviction Process

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How it works:

  • You don't have to leave when you get the eviction notice.
  • After the eviction expires, your landlord still must ask a judge's permission to evict you. The request is called a "landlord & tenant writ."  The sheriff will bring the writ to your home.
  • You do not have to move out when you get the landlord & tenant writ.

Know your rights:

  • Do you want to fight the eviction? Tell the court.
  • To do this, you must file an "Appearance" with the court. The "Appearance" is a simple, one-page form the court should send you, or you can get it at the court.

Click this button to fill out your Appearance form right now.

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  • You MUST return the form to the court by the "return day" on the first page of the landlord & tenant writ. You can hand-deliver or mail the form to the court. Allow at least 2 days for delivery if you mail it.

Court date:

  • Once the court gets your appearance form, it will send you a "notice of hearing."  This will have the date and time of your hearing.

Talk to the judge:

  • Attend the hearing!
  • At your hearing, tell the judge why you should not be evicted. If you need help with what to say, call 603 Legal Aid at 1-800-639-5290 or 603-224-3333 or apply online
  • Even if there is no legal defense against the eviction, you can ask the judge for up to 90 days to move.

What if you lose?

  • If the landlord wins, the judge will sign a "writ of possession."  You do not have to leave until the sheriff brings the writ to your home. Read about what happens next.

See the eviction chart.

See a larger image.

Verlo en español.

February 2021

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