Rule 102 Filing of Summary Eviction Cases

When a landlord wants to evict a tenant quickly through the summary eviction process, the case officially starts in one of two ways. Either the tenant files a sworn statement (called an affidavit) disputing the eviction within the required time, or the landlord files a sworn complaint asking for the eviction. Whichever side files first also has to pay the filing fee to the court.

Along with the affidavit or complaint, the person filing must also turn in a civil cover sheet. This is a form created by the court and approved by the state court administrator. It asks for basic details about the case so the court knows what type of action is being filed.

For tenants, this means your written response to an eviction notice is what gets your side of the case on record with the court, as long as you file it on time. For landlords, it means your case does not officially begin until you file the right paperwork and pay the fee. Missing deadlines or leaving out the cover sheet can delay how quickly the court handles the case.