The Eviction is based upon the 3 Day Notice to Pay or Quit.
Three (3) day notice to pay or quit is served on the tenant. (Serve a copy and keep the original.) Do NOT accept any payment AFTER the three (3) days or the notice will no longer be valid. Even if you accept 1?, you will have to start over with a new notice.
For the purpose of counting "days" the first day is the day after the tenant receives the notice. (If the 3rd day falls on a weekend or a holiday, you are required to wait until the day after the holiday.)
The Complaint for Unlawful Detainer
The Complaint for Unlawful Detainer must be personally served on the tenant. Once served, the tenant has 5 days to file an answer in court.
If the tenant files an answer within the five day period, the case then is set for TRIAL within 21 days.
If the tenant fails to answer within the five day period, ask the court to enter a DEFAULT against the tenant(s) and request a CLERK'S JUDGMENT FOR POSSESSION. (This will get the tenant out in the fastest possible manner. Once the tenant is out you can then obtain a judgment for the unpaid rent.)
The Writ, issued by the Court, authorizes the Sheriff to remove the tenant from your property.
Once you have either a Judgment for Possession issued by a Clerk, or a Judgment After Trial by Court you will apply for a Writ of Possession. Within a day or so, the Sheriff will serve the WRIT and give all occupants notice that they must be out by 5:00 P.M. in 5 DAYS from the time he posts notice. The sheriff will call you directly to set up an appointment to meet the sheriff at the rental property. Meet the sheriff on time and have a locksmith meet you at the property to change locks as soon as the sheriff evicts the tenant and turns the possession over to you. (You may change your own locks if you are so inclined.) If the tenant returns to the property and enters the property without your permission after he/she has been locked out, IT IS A CRIME. Call the local police/sheriff. If you let the tenant back in to remove furniture or property, DO NOT GIVE THE TENANT A KEY. If you do, you MAY HAVE TO START ALL OVER IF THE TENANT REFUSES TO LEAVE!
PLAY IT SAFE - GET PROFESSIONAL HELP
Evictions require that you follow the many very specific rules that are not only tricky, confusing and frustrating, but if you make any mistakes in doing your eviction, if the tenant has competent legal advice and points the mistakes out to the judge, YOU will LOSE and maybe have to pay for the tenant's legal expenses. Do yourself a favor and have a lawyer who understands this area of law represent you. It is money well spent.
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