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Message
Eviction Process Question
Posted on 11/9/09 at 8:43 am
Posted on 11/9/09 at 8:43 am
I have a tenant in a rental property who's lease expired Oct. 31. I told her she can remain renting on a month-to-month basis for now. Well, she hasn't paid November's rent and she claims she dropped it off at my house when I know she is lying. She is always late on her payments and I have decided that I want her out. What do I have to do to legally evict her from the property?
1
Posted on 11/9/09 at 9:12 am to tigersgeau43
if its month to month probably a 30 day notice you are not renewing will suffice.
Posted on 11/9/09 at 9:15 am to prplhze2000
So, there is no need to file anything with the clerk of court's office or anything like that?
Posted on 11/9/09 at 12:56 pm to tigersgeau43
you're not evicting, you just not renewing a lease. Give her 30 days notice you shoudl be ok.
Posted on 11/9/09 at 8:39 pm to prplhze2000
Make sure to send the notice certified mail with return receipt. I learned my lesson on the other end of the deal and always send certified with return receipt from now on.
Posted on 11/9/09 at 11:52 pm to prplhze2000
Since this is a residential lease, it renews monthly. Give 30 days notice that you are ending the lease.
If they still arent out, post notice on the door, take a pic of it. Get someone to witness the notice. Tennant has 5 days to GTFO. (this notice can be waived in your lease. If it's not, put it in the next lease)
After the required notice has been given, the lessor or owner may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. Indicia of abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.
If still not out, file rule to show cause, state the reason for eviction. Three days after service of the rule, a judge may render a judgment of eviction.
Postings in the Forums, Message Boards, Guides and any other areas are for educational and information purposes only. They are not legal advice or legal opinions. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship
If they still arent out, post notice on the door, take a pic of it. Get someone to witness the notice. Tennant has 5 days to GTFO. (this notice can be waived in your lease. If it's not, put it in the next lease)
After the required notice has been given, the lessor or owner may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. Indicia of abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.
If still not out, file rule to show cause, state the reason for eviction. Three days after service of the rule, a judge may render a judgment of eviction.
Postings in the Forums, Message Boards, Guides and any other areas are for educational and information purposes only. They are not legal advice or legal opinions. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship
This post was edited on 11/9/09 at 11:53 pm
Posted on 11/9/09 at 11:56 pm to TortiousTiger
quote:I have dibs on this sig quote.
Postings in the Forums, Message Boards, Guides and any other areas are for educational and information purposes only. They are not legal advice or legal opinions. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship
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