Whether you’re the landlord, property manager, or apartment owner, there are times when you need to evict your tenant. For example, when they fail to pay rent or break terms of their rental agreement.
If you have a problem with your tenant, you can try to work out a solution with them first through mediation or negotiation before filing for an eviction. This could be a win-win situation for everyone involved, as it can help to resolve the issues and prevent further hassles down the road.
When you’re ready to file a formal eviction case, you’ll need to go to court and serve the tenant with an eviction notice. Your state’s eviction law will outline what must be included in the notice, and how you must serve it.
Once you’ve served the eviction notice, the court will give the tenant a deadline to respond, and you’ll set a date for the hearing on the case. The court will determine if the tenant should be required to move out of the property and if so, how long they have to do so.
After the hearing, the judge will issue a written order, which you must follow. You may need to make arrangements with the constable in the township where the property is located to have the tenant evicted from the premises.
In many states, it’s important to send the eviction notice via certified mail. This ensures that the tenant received it in a timely manner and avoids any claims from the tenant that they didn’t receive it.
You should also attach a photo to the eviction notice that shows you either handing it in person or attaching it to the door. This will give you a proof that you served it, so that if the tenant claims you didn’t, the court will have a good reason to rule in your favor.
If the tenant doesn’t answer, you can then file a motion asking the court to dismiss the case. This can be done by filling out a form that outlines why you believe the tenant should not be allowed to stay.
Then, file the form with the clerk of the court and get a hearing date, and mail the motion to the tenant along with a copy of your court papers. In some states, you can also hire a process server to do this.
Some process servers will fill out the affidavit and declaration for you and submit it to the court. In other states, you must do this yourself. This can be a complicated and expensive task, so be sure to check with your local courthouse for the best procedure.
If you’re successful, the court will then grant a temporary writ of possession to you, and a sheriff will be dispatched to take the tenant’s possessions away. The sheriff’s fees will vary by location, so you’ll need to contact the constable in your township for more information.
