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I have a relatively new rental property and have never done an eviction. The tenants stopped paying last month. I served a notice to quit and I am ready to file it in court. What is the process? I not only want possession but also to sue for unpaid rent and damages until the place is re-rented. Can I file both in court at the same time?
Also, I tried to enter the place to inspect because I was concerned they had left. My key went into the locks but would not turn or unlock the door. I am sure I was using the right key. Also, how will I get the keys back from them? They have a key card for the gate and both storage room keys. They will be very expensive to replace. As of right now, they have refused to contact me or respond in any way before and after serving the notice.
You'll have to do the eviction first.
You can collect on the unpaid rent after
the tenant moves out and you've done a
full assessment on the condition of the
rental and any other charges.
Last edited by virgode; 07-09-2009 at 08:03 AM..
Reason: insert word
Hire a reputable attorney specializing in landlord/tenant law. It will save you the headache.
Thanks, and I am an attorney myself but I DO NOT do landlord/tenant law. However, I know my way around a court and I know how to write/file a complaint. I guess I was just wondering about the process. If they move out how do you find out where they moved to in order to serve them with the complaint for the unpaid rent/damages?
Thanks, and I am an attorney myself but I DO NOT do landlord/tenant law. However, I know my way around a court and I know how to write/file a complaint. I guess I was just wondering about the process. If they move out how do you find out where they moved to in order to serve them with the complaint for the unpaid rent/damages?
Huh? You're an attorney but you ask on a chat forum about tenant law?
As an attorney, you should have more than enough references at your disposal that you wouldn't want to depend on the advice of anonymous strangers in a situation as full of pitfalls as tenant law!
Go to the court where evictions are filed. Ask for information; they usually have a pamphlet or something. Basically you serve the Notice (hopefully done correctly the first time) then follow with the Complaint which the court normally notifies the tenant. A hearing date is set; bring all evidence in triplicate. The lockout is set at which time the locks are changed.
It is very important to try and get a forwarding address or work address on these people.
After all this is finished, file a small claims for any rent and/or damages not covered by the deposit. It is also served and a date set. If you win, then find out your procedure to file a writ of garnishment on the wages, whatever you choose. Have that done and when the judgement is satisfied file a Satisfaction of Judgement.
Do not forget to send out the refund statement within the specified time in your jurisdiction even if there is no money refunded. Include all bills or estimates for monies withheld in this detailed statement.
Huh? You're an attorney but you ask on a chat forum about tenant law?
As an attorney, you should have more than enough references at your disposal that you wouldn't want to depend on the advice of anonymous strangers in a situation as full of pitfalls as tenant law!
I was surprised to see that myself, after I'd replied.
Ppl who decide to become Landlords, should educate
themselves somewhat, particularly someone who can
pass a Bar exam.
My friend has 3 adults living with her (they are her children). She over the past 2 years has undergone a hysterectomy, masectomy, chemotherapy and the death of her mother. The adults have continually verbally and sometimes physically abused her regularly throughout all of this even to this very day. They do not pay any bills but sometimes buy food. I would like to know what she can do to free herself of them in her home legally?
Thanks, and I am an attorney myself but I DO NOT do landlord/tenant law.
Then you of all people should know that civil procedure is the real issue here and that having someone familiar with the process in YOUR district is invaluable.
Even if you weren't an attorney... the first eviction of all new LL's should be done by one who does this sort of thing all the time.
Sit on his shoulder, listen and learn.
My friend has 3 adults living with her (they are her children). She over the past 2 years has undergone a hysterectomy, masectomy, chemotherapy and the death of her mother. The adults have continually verbally and sometimes physically abused her regularly throughout all of this even to this very day. They do not pay any bills but sometimes buy food. I would like to know what she can do to free herself of them in her home legally?
This is not a normal landlord tenant issue but one which requires the assistance of social services and/or a qualified attorney. If cost is an issue then the advice of Legal Aid should be sought. I should add, too, that unless you're related to the friend, this has nothing to do with you and she has to take whatever steps she deems necessary.
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Question Regarding Evicting Family
