To vacate a default judgment and obtain a stay of eviction, you should fill out an Order to Show Cause. If the landlord does not have a judgment for possession, and attempts to have the tenant evicted, this is an illegal lockout.An eviction notice have to have the declaration of service part filled out, one of the boxes checked with a signature and date of server for it to be valid? Here are possible reasons for asking the magistrate to dismiss the case: If the landlord did not give the court a copy of the lease or the eviction notice. This guide helps you understand the eviction process, from the notice to quit, mediating with your landlord, and the eviction court process. Probably, but you'd have to ask a lawyer. To evict a tenant a landlord must file a complaint under oath in District Court using a "failure to pay rent" form. In the proper trial division. Rule 55(b)(2)a. 1. Notice. Tenants not named in the notice but residing in the unit can also respond to the petition.