Being a Landlord or Property Owner is not an easy job. It is imperative that you take control over your property and aggressively pursue an eviction when dealing with a tenant that is not living up to their end of the agreement. Whether the tenant has defaulted on their rent obligation, they are in breach of the rental agreement or you just simply want the person or party out.
The eviction process is complicated and without expertise in landlord and tenant disputes a Landlord or Property Owner can become the victim of a problem tenant. This may cause: loss of rental income for multiple months, damage to their property, or even worse, possibly being responsible for the actions of the problem tenants.
Common Reasons To Evict A Tenant:
- Defaulted on rent obligations
- Breach of the rental agreement terms
- Landlord or Property Owner does not want to rent to the party any longer
- Tenant(s) are causing damage to the property
- Property is being used for illegal activities
- Tenant(s) are causing a nuisance
Eviction Process Basic Step-By-Step Information:
- Eviction notice is drafted and served
- Filing of the unlawful detainer lawsuit (eviction lawsuit) after expiration of the eviction notice
- Service of the unlawful detainer lawsuit
- After the eviction lawsuit has been served on the defendant(s) the defendant(s) will have to file an Answer within either 5, 10 or 15 days depending on how service of process was effectuated.
- File of either Default Judgment paperwork or Request of a trial date depending on whether the defendant(s) filed an Answer within the time permitted by law.
- Once Default Judgment paperwork is processed by the court the Writ for Possession of the premises will be delivered to the sheriff’s department for a lock-out date.
- If defendant(s) file a formal answer prior to expiration than a trial date will be obtained.
- If the case goes to trial (meaning no default judgment was obtained because they filed an answer before their time expired) the judge will make make the decision as to the terms of the Judgment.
- Upon decision from the judge, all judgment docs will be filed.
- Once Judgment paperwork has been processed by the court the Writ for Possession of the premises will be delivered to the sheriff’s department for a lock-out date.