Probably more actions are filed against a tenant behind on rent than any other civil court action. Yet most tenants, and many landlords, know little about what happens when a tenant is taken to court.
The landlord cannot lock out a tenant or evict a tenant because rent is owed. He must take the tenant to court. The court process involving late rent is speedy and simple.
If the lease does not call for a grace period, and most leases have no grace period, then the landlord can file for late rent the day after the rent is due no matter the reason the rent is late.
The court will summon the tenant to trial in "a summary ejectment proceeding," normally within five court days after the complaint was filed -- court days are weekdays except legal holidays.
If the tenant is seeking to put rent in escrow and has the rent money to give to the court if rent escrow is granted, or to the landlord if rent escrow is denied, then the tenant does not face eviction.
If, however, the rent is due and the tenant either does not have the money or fails to show, then the court will decide in favor of the landlord. The tenant then has 48 hours to pay or leave. If neither happens, then the landlord can seek a "warrant of restitution," which allows the landlord to make arrangements with the constable or sheriff to recover possession of the premises and evict the tenant.
The landlord cannot evict the tenant until the constable or sheriff is present to allow him to do so. Since the landlord must make arrangements for the tenant's property to be put on the street, it is a practical and decent thing for the landlord to make sure that the tenant knows the exact time of the eviction and has the opportunity to remove his or her property.
At the time the landlord files for the warrant of restitution, a copy is sent to the tenant, warning that the tenant may be evicted any time after the date of application, but since the landlord cannot schedule the eviction until the sheriff or constable is available, it is not known at the time of mailing when the eviction will take place.
The tenant can call the constable or sheriff's office with the case number to ask when the eviction will take place. But if it is $H scheduled for a Friday and there is an opening because of cancellations, then it can take place on Thursday without any necessity for the constable or sheriff or landlord to inform the tenant of the change.
