How do I fill out a summons/complaint for an eviction?
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How do I fill out a summons/complaint for an eviction?
I have a tenant who has stopped paying rent and will not return phone calls or e-mails. I have sent an eviction notice and the timeframe has expired under VT law. Now I must send a summons. Is there any specific language that I should include to prevent it from being dismissed and having to start ocer again?
Asked on January 23, 2011 under Real Estate Law, Vermont
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can usually obtain the summons form (because it has to meet certain legal notice requirements and every state is different) from the court. Then you need someone not related to the case to serve it and provide the proof of notice to you and court. Once this is done, you should have no problem finishing the eviction process, which includes at the most extreme a sheriff coming to the apartment or property and physically removing the tenants. Keep in mind, you may need to hold onto the tenant's property for a while in order to meet both abandonment and landlord tenant requirements. If you don't, and throw away or sell the property before a certain date (every state is different -- from 10 days to months), the former tenants can turn around and sue you for conversion of property or property. And in most jurisdictions, it can also be considered a theft.
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