What reasons do I need to file an eviction?
After the service of a proper notice to the tenant, you can evict the tenant if they then still refuse to vacate the premises. "Proper" notice is determined by legal statutes, and by the lease itself. Depending on the reason you are seeking an eviction, different types of notices are required. For example, the notice required to terminate for non-payment is different from the notice required to terminate for criminal activity or breach of lease stipulations.
What amounts can I put on the Three Day Notice?
A three day notice can only include rent that was due as of the date the notice was served. It cannot include any amount other than rent due, nor can it include rent that is due within the three days following serving the notice, or any other time after the date the notice is posted. If you have specific language in the lease contract outlining the application of late fees as additional rent, those fees (up to the date of notice) can be added to the amount due on the notice. You should consult with an attorney before you add any additional costs to the past-due rental amount.
What if the tenant wants to pay?
You cannot refuse a tenant the right to pay the rent due during the course of the three days. You CAN refuse a partial payment. If the lease contract outlines acceptable methods of rent payment, you CAN refuse payment by any method not outlined in the lease contract. On and after the fourth day after service of a three day notice, you CAN refuse the payment of rent due. If you wish to refuse partial payments and the Tenant has the ability to deposit funds directly into an account designated for payment of the rent without your prior approval at time of deposit, you must notify them in writing that all future payments are to be made in person by whatever forms of payment you wish to accept PRIOR to posting the Three Day Notice.
How long does an eviction take?
The length of time may vary depending on the specifics of each case. Typically, after receiving payment and all necessary documentation we will have the complaint filed within two business days. Once the eviction complaint is served or posted the tenant has 5 business days to respond or vacate. If the tenant does not do either you will need to pay the Law Office the additional Sheriff's fee. Once that is received, we will then file the Default, Motion for Summary Judgment, Final Judgment, and Writ of Possession to the court for the Judge to sign. Once signed by the Judge, it will be forwarded to the Sheriff who will contact you to take possession of the property. This entire process usually takes between three and four weeks.
Do I need an attorney to file the eviction?
The eviction is a lawsuit. It must be filed by an attorney or by the individual landlord, who will then represent himself in court should the tenant reply to the summons. A property manager can file certain evictions when the cause is non-payment of rent as long as there is a document in writing from the property owner authorizing the property manager to file an eviction. The property manager can only file an eviction for non-payment of rent providing the lawsuit does not seek monetary damages. Also, the property manager is only entitled to file the eviction and submit paperwork for a default judgment. If the tenant responds to the summons, the property manager cannot act as an attorney for the property owner at a hearing or file any other papers. If the landlord and/or property owner wishes to file their own eviction, the proper forms are available from the Clerk of Court for a fee. However, there are many advantages to having an attorney handle the eviction. The right attorney can make the eviction process effortless on your part. They will handle the drafting and filing of all the required documents, respond to requests and take the appropriate actions to complete your eviction. In the event that the tenant replies to the summons, the attorney will make sure all required procedures have been followed by the tenant in the chance of filing for default for a procedural error. If necessary, they will represent you in Court and work to provide you with the best possible outcome.
Can I remove the tenant after the three days have passed?
NO. If the tenant doesn't vacate after three days and doesn't respond to the summons within five days, you must have the Sheriff post a Writ of Possession, and after 24 hours have the Sheriff take possession of the property. If you forcibly remove the tenant by any means, including removing their belongings and/or changing the locks when they are not present, you can be held liable for damages.
