If you are renting property and would like to evict one of your tenants for non-payment of rent or for any other reason, you and your lawyer will be required to follow these steps:
Once the proper notice is drafted it must be served upon the tenant in one of three ways:
Once you have served notice of the eviction upon the tenant, the person who served the notice will have to complete an affidavit testifying to such service.
After the time period for the particular type of notice that you served upon the tenant has passed, your attorney will file a complaint and summons in the appropriate court, asking the court for an order evicting the tenant. A court date will be assigned by the clerk. You will be required to serve the complaint and summons upon the tenant by personal services. This is usually done by sheriff or special process server.
At the hearing date set by the court, you will be required to show that the tenant has been served with both the notice and the complaint, and that you have a good basis for evicting him. If you successfully offer this proof to the judge, the judge will issue an order requiring the tenant to vacate the property, typically within 14 to 21 days.
If the tenant fails to comply with the court’s order to vacate the property, you should notify the sheriff. The sheriff will then physically remove the tenant from the property.
Allan Fogliolink 1/29/2017 09:01:21 am
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Reply Kevin O'Flaherty 2/3/2017 03:44:05 pm
Allan: Thanks so much for reading and commenting. I'm glad you liked the article. You can find more articles, videos, and podcast episodes about nearly every area of law at: http://www.learn-about-law.com.