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Underground Landlord

Underground Landlord

Why Knowing Your Courthouse Matters for Landlord-Tenant Cases

Filing an eviction or small claims case requires appearing at the correct courthouse with the right paperwork, filing fees, and supporting documentation. Filing at the wrong courthouse—even if it’s just one county over—can result in your case being dismissed, forcing you to start over and costing you weeks of lost rent. Understanding your local court system, its procedures, filing requirements, and timelines is essential to successfully navigating landlord-tenant disputes.

Eviction cases are filed in civil courts, but the specific court varies by state. Some states use specialized housing courts or landlord-tenant divisions. Others route evictions through small claims court, justice of the peace courts, municipal courts, district courts, or county courts. The court name alone doesn’t tell you where to file—you need to know which courthouse has jurisdiction over your rental property’s physical location. Our courthouse finder helps you identify the correct filing location for any property in the United States.

Essential Legal Forms

Additional Forms & Resources

Critical Information You Need Before Filing

Every courthouse operates differently, even within the same state. Before you file an eviction or small claims case, you need to know several key details about your local courthouse:

Filing Fees: Eviction filing fees range from under $100 to over $400 depending on jurisdiction. Some courts charge additional fees for service of process, writs of possession, or jury trials if requested. Knowing the exact amount helps you budget for the eviction process and determine whether pursuing the case makes financial sense for the amount owed.

Required Forms: Most courts require specific forms that must be completed correctly and submitted with your filing. Using the wrong form version, outdated forms, or forms from another jurisdiction can result in rejection. Many courts now provide forms online, but some still require you to obtain them in person. Some jurisdictions accept only their official forms while others allow attorneys to draft custom pleadings.

Filing Hours and Methods: Courthouses typically operate on limited schedules—often weekdays from 8:00 AM to 4:00 PM or 5:00 PM with closures for lunch. Many courts now accept electronic filings, but requirements and systems vary. Some require attorneys to e-file while allowing self-represented landlords to file in person. Others mandate e-filing for everyone. Knowing your courthouse’s specific filing procedures prevents wasted trips and delays.

Service of Process Requirements: After filing, you must serve the tenant with court papers according to strict procedural rules. Some courts handle service through sheriffs or constables, while others require private process servers. Service fees, timeframes, and proof-of-service requirements all vary by jurisdiction. Understanding these details upfront helps you factor them into your timeline and budget.

Hearing Schedules: Court backlogs vary dramatically. In some jurisdictions, eviction hearings are scheduled within a week of filing. In others, you might wait a month or more. Knowing typical scheduling timelines helps you set realistic expectations and plan accordingly. Some courts hold eviction dockets on specific days of the week or month, which can affect how quickly your case proceeds.

Jurisdictional Issues and Common Filing Mistakes

One of the most common and costly mistakes landlords make is filing in the wrong court. Jurisdiction is based on the rental property’s physical location, not where you live, where your business is located, or where the tenant now resides. If your rental property is in County A but you live in County B, you must file in County A’s courthouse. If you own properties in multiple counties, each eviction must be filed in the county where that specific property is located.

Some metropolitan areas span multiple counties, and the county line might run through the middle of a neighborhood or even a street. You need to know definitively which county your property sits in. Property tax records, your deed, or the county assessor’s office can confirm this if you’re uncertain. Filing in the wrong county means automatic dismissal and starting over, potentially adding weeks or months to your eviction timeline.

Additionally, some cities have multiple courthouses serving different areas even within the same county. Large counties might have downtown, north, south, east, and west locations, each handling cases for specific zip codes or districts. Filing at any courthouse in the correct county isn’t always sufficient—you may need to file at the specific courthouse designated for your property’s location.

Preparing for Your Courthouse Visit

When you visit the courthouse to file your eviction or small claims case, come prepared with multiple copies of all documents (the court keeps the originals, and you need copies for service and your records), exact payment for filing fees (many courts don’t accept credit cards or personal checks), photo identification, and your property address and legal description. Arriving early in the day helps you avoid long lines and ensures you have time if the clerk identifies any issues with your paperwork that need correction.

Court clerks can answer procedural questions about filing requirements, fees, and forms, but they cannot provide legal advice about your case’s merits, what to say in court, or how to fill out forms. If you’re unsure about any aspect of your case, consulting with an attorney before filing can prevent costly procedural errors.

Using the Courthouse Finder

Our courthouse finder provides contact information, addresses, filing fees, and procedural details for courthouses across all 50 states. Select your state and county above to find your local courthouse information. For detailed eviction procedures and timelines in your state, see our state-by-state eviction guide. Use our timeline simulator to estimate how long your eviction will take, and consult our Law Buddy AI assistant for answers to specific questions about your case.