• Tenant eviction for non-payment of rent

    A landlord has a right to payment for individuals who reside on his or her property. In situations where a tenant has not paid the rent as agreed upon, the landlord has an option to evict the tenant. In order to evict a tenant for nonpayment of rent, the landlord must first serve the tenant with a notice to pay rent or move out of the premises. The amount of time to serve this notice is usually three days. The notice has to give the tenant time to pay the rent.

    The notice should be personally given to the tenant at the home. If the tenant is not present it can be left with another individual who is present at the home and a second copy mailed to the tenant. If for any reason no one is present at the home, the landlord must leave a copy at the home and mail a copy to the tenant. It does not have be notarized or presented by a sheriff. However, landlords should make sure service requirements are stated within the lease agreement.

    If the tenant pays the rent within three days of receiving the notice, the landlord cannot file suit against the tenant to evict for nonpayment of rent. However, there are certain situations where the landlord can collect and accept pass due rent and still evict the tenant.

    If the tenant does not pay the rent within three days of receiving notice, the landlord may start a lawsuit to evict the tenant. The landlord may serve the tenant with a Summons and Complaint for unlawful detainer. The process can be started just by serving the documents on the tenant without first filing them with the court.

    If a hearing is needed, both sides will present their case to the judge. After hearing both sides, the judge will decide whether or not the landlord is entitled to judgment for possession of the property. If the landlord receives a judgment for possession, the tenant must move out. The landlord may enforce the judgment by having the constable give the tenant and “Order for Possession”; however, this can be done no sooner than fifteen days after the Judge has entered the decision. The Order of Possession gives the tenant notice that if he/she is not out of the property by the date stated in the notice, the Sherriff can use force to set the tenant and his/her belongings out of the residence.
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