Eviction can be a messy situation for both landlord and tenant. At Arias Bosinger, we aggressively represent our clients when eviction disputes arise. We are experienced in handling negotiations, proper handling of security deposits as well as post-eviction claims for money owed. The best way to avoid dealing with the difficulties that evictions can bring about is to work through the process the right way. Below are the processes that are required to lawfully evict a tenant.
- Written Notice
- Nonpayment of rent – If the tenant has not paid rent, this written notice informs the tenant they have three days to pay the rent in full.
- Eviction for cause – Should the tenant violate terms of the lease, this written notice specifies the problems and gives the tenant seven days to correct the issue.
- Termination of rental agreement – If there is no length on the lease, a landlord may end a month to month lease without cause if they give proper notice, which is defined as 15 days before rent is due.
- Summons and Complaint – If the tenant refuses to pay rent, or remedy the lease violation after three or seven days respectively, and refuses to move out of the property after the lease has been terminated, the landlord may file a complaint with the Clerk of the Court. This complaint will be served to the tenant.
- Response by tenant – A tenant has five days to answer a complaint in writing to the court and the landlord. They may also deposit the rent owed on the property to the court, unless their defense is that they have paid the landlord. If the tenant doesn’t answer and fails to pay, the landlord wins.
- Court hearing – If the tenant files a motion to determine the amount of rent to be paid and a no default judgment is issued; a court date will be set for a hearing. If the tenant fails to attend the hearing, the landlord wins the case.
- Eviction – If the landlord wins the case the court will issue a Writ of Possession and give the tenant 24 hours to vacate the premises. If they do not a sheriff or landlord may forcibly evict the tenant and padlock the door. A lien in the amount of rent owed may be placed on the possessions inside the premises.
Eviction can sometimes be a lengthy and difficult process. If you follow these steps you may be able to settle this dispute amicably. If however, you are in need of aggressive representation for your case, the attorneys at Arias Bosinger are here for you. If you have any questions about this process, please call us today.