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You will want to speak with your local Clerk of Court to get the specifics for the summons, but the Clerk will tell you that you have to draft your own complaint. Step 1 — Terminate the Lease If there is no written lease, then you have an oral lease. If the lease has an expiration date and a notice clause, be sure to review the notice clause to see what kind of notice you need to give the tenant to let the tenant know that the lease will not be reviewed. Step 4 — Wait for the Tenant to Respond to your Lawsuit The tenant has 5 business days after he has been served to respond to your complaint. Evicting a holdover tenant, like any legal proceeding, can be a mixed bag. Before moving any further through this article, please understand that your best bet when contemplating the eviction of a tenant, is to consult an experienced landlord tenant lawyer. This article should provide a general overview of the holdover tenant process.
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