Write a letter to your tenant giving them the proper notice to pay the rent or face Eviction. The timeline is usually between 3 to 5 days if the Tenant is not paying rent. This letter is named Notice to pay rent or leave. Send the letter by Certified Mail so that you can prove it was sent later in Court. Don’t forget to give the Tenant the opportunity to pay up and stay, otherwise, you will need to draft a whole new letter. Typically, the 3 or 5 day notice will only be useful if you have a non-paying Tenant. If you are evicting the Tenant for some other reason you may need to give them up to 60 days notice depending on the State.
You will have to go to your State’s Judiciary Website or Library. Look for forms that are up to date and are titled similar to the following: Petition for Summary Possession or Complaint for Eviction. You may also need to involve these forms filled out and ready to file with the Court before you send your letter in the step mentioned above. If the Tenant does not pay during the time you let them by law, go ahead and drive down to Court, approach the information desk or window and ask for the needed window to file your Complaint for eviction or Summary Possession and Writ. Don’t be timid to tell the Clerk that you are “Pro Se” without lawyer and if you have filled in the documents you need. They may or may not assist you. The majority of Judicial Websites also have self-help guidelines for landlords and tenants.
Get the copy of the file stamped (stamped copy returned to you by the Court Clerk) Complaint or Petition for Eviction or Summary Possession and have that served on the eviction. You can search in the phone book for a “Sheriff” or “Process Servers” and they may serve your Renter with the paperwork and notice to visit court for as little as $25.00
Show up on the Court Date. At the Court date the Judge will typically ask the Tenant if they agree with the Eviction. If they agree or don’t show up a judgment will be entered against them. You can need to file additional forms such as: Motion for Default Judgment, Entry of Judgment or Judgment if the Tenant does not appear and you wish to try for your money owed. If your Renter disagrees with the rent owed or possession issues many Courts will send you both to Mediation right on the spot, while others will set one more date for trial in order to determine if you have the right to possession and to rent in arrears.
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