Commercial and Residential. The complete answer to this question is long and complicated. Moreover, each situation is different and/or has specific facts that may require one or more steps to be done differently. Nevertheless, in short, this is the process: (1) the landlord must know what the landlord can and cannot do under the law and under the lease, (2) the landlord must "properly" (i.e., the right notice, served at the right time, served via the right method) serve a written notice, (3) the landlord must file an eviction action (i.e., a special detainer action for residential tenants, a forcible detainer action for commercial tenants) in court, (4) the eviction action must be properly drafted, so that all of the relief that the landlord desires is included, (5) the eviction action must be filed in the "right" court (i.e., the court of law that has both personal and subject matter jurisdiction), (6) the landlord must go to court and present evidence to the court regarding the tenant's default, (7) if successful at trial, the landlord must wait the statutory amount of time and then may apply to the court for a "writ of restitution," which is the court order that directs the Sheriff or Constable to physically remove the tenant (commercial or residential) from the rental unit.
If you, as a landlord, have never been through this process, you should consult with your attorney.
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