2007-01-16 11:41:01 · 12 answers · asked by babyface 1 in Business & Finance ➔ Renting & Real Estate
The eviction notice must be done thru the court.
2007-01-16 11:44:24 · answer #1 · answered by Julia B 6 · 0⤊ 1⤋
There are many to places to buy software to prepare them on the web. I'd search around and see if you can find a sample one, then just type it in Microsoft Word for yourself.
Contrary to other's answers, Eviction notices do not involve going to court.
The process (as I've experienced it) in a nutshell is:
1. Serve the tenant with an eviction notice yourself, or post and send by certified mail. Wait the specified amount of time.
2. If not resolved, you'll need to file a complaint with the court and probably pay to have the summons and complaint served upon the tenant. Wait for the 5 days for a response, or whatever the term is in your state.
3. If they file a response, you need to set a court date. If not, you get a judgement by default. If they respond, go to step 6.
4. Go to sheriff with the judgement, who will serve tenant with order to vacate in 5 or 7 days.
5. Tenant gets last minute reprieve from legal aid society or some shyster lawyer.
6. Set court date.
7 Tenant doesn't show for court date, and you get a judgement. If they do show, they usually lose as long as you followed all the legal niceties.
8. Repeat step 4.
9. Show up with deputy sheriff and boot out tenants, and change locks.
My advice, look in the yellow pages for evictions. There are companies that do just evictions, for like $300 or $400. Pay attention to what they do all the way through, then do it yourself the next time, using all the same forms.
If you want to buy one an eviction notice kit, here's a link to buy a kit to prepare various eviction notices.
2007-01-16 19:47:57 · answer #2 · answered by Uncle Pennybags 7 · 0⤊ 1⤋
An eviction notice can be simply written on a piece of paper. It should clearly identify the reason for the eviction, preferably with a point in the contract which the renter has not fulfilled, the date which the renter should vacate the premises, and any course of action which the renter could take to avoid eviction. Include your business name or personal contact information, and put it on company stationary. If you or your company have a lawyer which wrote up the contract for the rental agreement, cc the lawyer or law firm and make note on the notice at the bottom.
2007-01-16 19:46:54 · answer #3 · answered by Carter 3 · 1⤊ 1⤋
Each state has its own regulation you have to follow. This is to prevent landlords from randomly evicting tenants. For example, in CA, if the rents are not paid, you give them notice to pay or quit before giving eviction notice. Contact your local apartment owner's association or look in your yellow pages to find a eviction lawyer. Eviction, if not done right could drag for months and months. Good eviction lawyer would take a case for a flat fee and well worth it.
2007-01-16 19:52:14 · answer #4 · answered by spot 5 · 2⤊ 0⤋
The usual procedure is to contact your attorney, and he will send the renters a letter advising them that if they refuse to vacate the premises, that they will be subject to eviction. If they do not leave, then you, or your attorney, will have to go to your local court and get an Order of Eviction. This will be served by either a Deputy Sheriff, or a Constable. Depending on your state law, the renters may, or may not, be given a specific amount of time to vacate, the premises. At the appointed time the Constable or Deputy Sheriff, will cause them to be evicted.
2007-01-16 19:48:10 · answer #5 · answered by Beau R 7 · 0⤊ 1⤋
Not sure what state your in..But i have evicted recently..I own property ...My village court.gives out the paperwork for you to fill out..and they will do the rest..Just remember to IN writting give your tenants at least 3 days notice to pay up or correct whatever there doing wrong or you'll start evction..Remember Im in new york state...and going by the laws here..So call the village court office and see if they have the paperwork,and go from there
2007-01-16 21:05:59 · answer #6 · answered by overhereyoupretty 3 · 0⤊ 0⤋
An eviction has to be filed at the court, they have the papers there.
2007-01-16 19:47:06 · answer #7 · answered by mike_alegend 6 · 0⤊ 0⤋
you can get one through a store but it wouldnt be legal. you would have to go to court to have a legal eviction notice.
2007-01-16 22:21:29 · answer #8 · answered by punkins_wife121705 2 · 1⤊ 0⤋
there are no preprinted eviction notices: a judge issues one. you hire a real estate attorney with proof of all things the tenant has done or not done to be in breach of the leasing contract. get to court asap. by the way, have you sent the tenant, by REGISTERED mail (he does not have to accept certified), your notice that he has 30 days to vacate? call your attorney immediately please.
2007-01-16 19:49:25 · answer #9 · answered by Louiegirl_Chicago 5 · 0⤊ 1⤋
I prefer to let the local sheriff's department handle the proceedings . They do this all the time.
You can, however purchase forms at your local Office Max or on the internet if you want to do it yourself.
www.socrates.com
you can even download forms that are state specific .
You will need to get these notorized
2007-01-16 19:51:08 · answer #10 · answered by That_ blue_ eyed_ Irish_ lass 6 · 1⤊ 0⤋