is it legal to call it your place of residence?
could they just change your locks because your late on paying?
when can it become an eviction if could be?
can legal action be made if they ask you to leave?
UNDERSTANDING THE EVICTION PROCESS
All evictions must begin with a NOTICE. There are several types of notices to choose from. You may not always be able to use the quickest notice available. You must choose one that applies to the situation. There are separate notices for manufactured homes and non-manufactured homes.
A standard eviction can cost $100 - $120 from start to finish. Evictions take 10 to 180 days depending on the type of notice served.
NO notices available for this process. A foreclosure requires you going to Justice Court and filing a FORMAL CIVIL COMPLIANT. The Constable's office does NOT have forms available for this process.
TYPES OF NOTICES FOR NON-MANUFACTURED HOMES
5-DAY QUIT OR PAY:
This notice is used for non-payment of rent from tenant. If there is NO grace period, you can go forward with the notice the day AFTER rent is due. If you have a grace period, you must wait until that time has passed. If the tenant offers you the FULL rental amount, you MUST ACCEPT. You can refuse partial payment from the tenant. If you should decide to accept partial payment, you can refile a new notice for the balance of money due. There is NO other notice that follows this 5-Day Pay or Quit. When serving this 5-Day Pay or Quit Notice, you DO NOT count the day of service. Count 5 business days. The day after the 5 business days return to our office.
Example: You come to Constable's Office on Thursday (4/8/04). We serve the paper on Friday (4/9/04). Tenant has Monday thru Friday (4/12/04 thru 4/16/04) of the following week to contest notice. You return to our office on Monday (4/19/04) to continue the eviction process.
3-DAY NUISANCE NOTICE:
Can be used for what you consider a nuisance. It requires a written reason and has absolutely nothing to do with rent money. You do not count the day of service. The defendant has 3 working days to fix the problem. You need to return to this office after the 3rd day (return must be a business day). Need to follow-up with the 5-DAY UNLAWFUL DETAINER.
Notice is used for weekly rentals. It requires a written reason is required for eviction. DO NOT count the day of service. Count 7 business days. You need to return to this office after the 7th day (return date must be a business day). Need to follow-up with the 5-DAY UNLAWFUL DETAINER.
Notice is used for reasons OTHER than Nuisance or Rent. DO NOT count the day of service -- it runs consecutive through weekends and holidays. (Can not be used when a lease is in effect).You need to return to this office after the 30th day (return date must be a business day). Need to follow-up with the 5-DAY UNLAWFUL DETAINER.
5 DAY UNLAWFUL DETAINER: This is the follow-up notice to the 3-day, 7-day, and 30-day notice. Days are counted like a 5-day pay or quit notice (business days). There is an additional fee for this notice.
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