Your tenant is not paying the rent and you need to evict them but you don’t know how the process works.
Tenant evictions can be very tricky and sometimes landlords may find themselves with a tenant overstaying their welcome even while they are not paying rent. Tenants can take advantage of the paper work and the system, so look out for pitfalls.
Tenant defaults on rent or another aspect of the leaseThe simplest way to view an eviction is to describe the process step by step:
- Issue a three day notice
- Wait for the three day notice to expire (date of service, Saturdays, Sundays and Legal Holidays do not count)
- If they tenant does not pay then you may file for the eviction and serve the tenant the “Eviction Complaint”
- Then you must wait five days (again; date of service, Saturdays, Sundays and Legal Holidays do not count)
- If the tenant does not respond you may file “Clerk Motion”, closely followed by the Judge issuing the “Final Judgment” and then signing the ” Writ of Possession”. Your next step will be to meet the Sheriff’s Department at the property to regain possession of the property.
- If the Tenant files an answer to the “Eviction Complaint” or retains an attorney; I would strongly suggest you immediately retain an attorney.
- The entire process typically takes 30 to 45 days if done right and no error are made on the behalf of the landlord or their legal representation.
I have often had to stand in for landlords at eviction hearings as I may be their property managers and I have seen all the excuses in the book for not paying rent. “My landlord is not fixing XYZ!” or “I sent the check they just didn’t receive it” or Sometimes an outright appeal to the court for sympathy as in the case of someone who loses employment. In every case I have seen the judge or court magistrate make sure that the intention of the tenant is to pay the rent. They are very skilled at this and will get to the truth. In every case we recommend using an attorney or a company which specializes in eviction services.
About the Author Isela Gonzalez
Property Manager and Residential Property Acquisitions expert Conect with me on Google+