Eviction
Under no circumstances can a landlord forcibly remove a tenant from rental property. In order to get a tenant out of a rental unit, the landlord must bring an unlawful detainer action against the tenant in state district court. Legitimate grounds for bringing an unlawful detainer action include nonpayment of rent, breach of a lease, or refusal to leave a unit after the tenancy expires.
The landlord must file a complaint against the tenant in district court and have someone serve the tenant with a summons at least seven days before the court date ordering the tenant to appear in court. The landlord cannot personally serve the summons. A hearing takes place within 7 to 14 days after the court issues the summons. At the hearing, each side has an opportunity to present its side of the story and the judge delivers an opinion. If the tenant does not show up to the court on time, the judge can order the tenant to move immediately. If the judge decides the tenant has no legal reason for refusing to leave the property, the judge orders the tenant to leave and can order the sheriff to force the tenant out.
If the sheriff has to perform the eviction, the tenant's property can be stored on-site or in a warehouse. If the property is stored on-site, the landlord must prepare an inventory of the items and mail it to the former tenant at his or her last known address. The tenant has 60 days to request the return of the items in writing. The tenant then has 48 hours to retrieve the items without any fee or charges. If the items are stored off-site in a warehouse, the former tenant is responsible for all transfer and storage fees. In either case, after 60 days, the landlord can sell the tenant's personal possessions. Regardless of where the items are stored, the former tenant does not have to pay back rent, security deposit, or late charges as a pre-condition to getting the items back.
Tenants enjoy a number of rights, even if those rights are not specified in the rental contract.