Superior Court of the Virgin Islands
SEARCH:
FAQ - Landlord/Tenant
Expand All Questions
Collapse All Questions

How do I initiate a landlord/tenant action?

A Notice to Quit or a Notice to Vacate the Premises must be given to the tenant prior to the filing of a complaint. If a lease is involved, the terms of the lease will be recognized. If a lease does not exist, the landlord is required to give the tenant thirty (30) days notice.

What is the cost for filing a landlord/tenant action?

The filing fee is Fifty Dollars ($50.00). If you choose to have a Deputy Marshal serve the Forcible Entry Summons on the tenant, there is an additional fee of Thirty Dollars ($30.00) per tenant. If you prefer to use a process server (person authorized by law to serve such process) to serve the summons to the tenant, you are then required to retrieve the necessary documents from the Clerk’s office and personally contact a process server yourself. A list of Process Servers is available from the Clerk’s Office.

What should I do if the tenant does not comply with the Notice to Vacate?

If the tenant does not vacate the premises within the specified time given, the landlord is required to file, with the Clerk’s Office, a copy of the Notice to Vacate that was given to the tenant; a complaint for the action of forcible entry and detainer; and a Forcible Entry and Detainer Summons which will be issued by the Clerk.

Will the defendant be notified of the complaint?

Yes. A Deputy Marshal or a Process Server will serve the defendant with a copy of your complaint and a summons to appear before the court for the hearing date. It is essential that you provide current addresses for each defendant and provide updated information during the pendency of the matter.

How will I be notified of the hearing date?

If a date is available at the time of filing, the Clerk will advise you of a trial date when you have filed your complaint. If a date is unavailable, a Deputy Marshal will deliver to you a subpoena with the date and time that you should appear before the Court. Therefore, it is very important that you provide all current physical addresses (i.e. home, place of employment, etc.) and updated information where the deputy marshal may locate you for service during the pendency of the matter.

What should I bring on the day of the trial?

You should bring all documents and evidence that pertain to your complaint or defense.

What happens after a Judgment is entered?

Once a Judge makes a final decision, the judge will sign a written judgment and the Court will provide a copy of the decision to both parties.

What should I do if the tenant refuses to comply with the Court’s Order?

You should seek the assistance of the Territorial Court Marshal by filing a Praecipe and a Writ of Restitution with the Clerk’s Office. The filing fee is Fifty Dollars ($50.00).

What should I do if the tenant has vacated the premises prior to the court date?

You should promptly notify the Court in writing so that an Order may be entered and the matter removed from the Court’s calendar.

Please note that if the tenant has an outstanding balance not exceeding Five Thousand Dollars ($5,000.00), the landlord may file a separate complaint with the Small Claims Division.


FAQ - Landlord/Tenant
Quick Links
FAQs Main
Civil Division