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:
1. Prepare a notice of eviction: The first step is to prepare the proper notice of eviction. There are three types of notice:
(a) 5 day notice: A 5 day notice is used when the reason for eviction is failure to pay rent. In the case of a 5 day notice, the tenant has 5 days after receiving the notice to pay their past due rent before the landlord can begin eviction proceedings.
(b) 10 day notice: A 10 day notice is used when the reason for eviction is violation of terms of the lease other than non-payment of rent. The tenant usually does not have the opportunity to cure the violation, but has 10 days to vacate the property before the landlord may begin eviction proceedings.
(c) 30 day notice: A 30 day notice is used when the landlord wants to terminate a month-to-month lease for a reason other than violation of the lease or non-payment of rent. A landlord may terminate such lease for any reason or no reason at all.
2. Serve the notice of eviction upon the tenant: Once the proper notice is drafted it must be served upon the tenant in one of three ways:
(a) hand delivery;
(b) certified mail return receipt requested;
(c) posting the notice on the door of the property;
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.
3. File a complaint for eviction and serve it upon the tenant: 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.
4. Appear at the hearing: 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.
5. Notify the sheriff: 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.
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