I LIVE IN ANOTHER STATE, DO I HAVE TO GO THE POLK COUNTY CLERK OF COURT TO DO THIS, OR CAN I EVICT THEM FROM THE STATE I LIVE IN. I UNDERSTAND THAT THERE ARE FORMS THAT NEED TO BE NOTARIZED. CAN THESE FORMS BE NOTARIZED IN MY HOME STATE OR MUST THEY BE NOTARIZED IN POLK COUNTY???
Residential Real Estate Lawyer
You can obtain the forms from the Polk County Clerk of Court's website, which will also provide the procedures, and submit them by mail.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
You can evict the tenants "from the state" you live in, but by filing your eviction complaint with the Clerk of Polk County. You can not file in the state where you reside. You can use a notary in the state where you reside.
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Landlord / Tenant Lawyer
You can begin by delivering a proper Pay or Quit Notice.
Most clerk of courts' websites use a standard form that does not
include the telephone number for the landlord (which the statute
says is a requirement, so be sure to include that underneath your signature).
95% of the Pay or Quit Notices that a property owner prepares, delivers, and
then shows me are either incorrect or impoperly delivered.
If you use an incorrect Notice or deliver it incorrectly, your lawsuit will be dismissed.
So, be sure to do your research or hire an attorney.
You may use the Polk County forms to begin a lawsuit.
The only form that needs a notary public to notarize your signature is the
Non-Military Affidavit. You can do this after you do the initial filing.
It must be done before or at the same time that you submit the Default
papers and/or the Motion for Final Judgment, if you get to that point.