My understanding is that if a tenant does not pay rent, the next step is to serve a Notice to Pay Rent or Quit onthe tenant. I also understand that it is recommended that the tenant be served in person with this notice and/or be served by Certified mail Return Receipt. The problem is that the tenant has made himself scarce and will not open the door when I go to the property, nor will the tenant sign for the notice that I sent by certified mail.
What would be the next thing to do. Should I go to the court now and file a complaint and begin the eviction proceedings?
2007-12-30 10:32:59 · 10 answers · asked by Agharese 1 in Business & Finance ➔ Renting & Real Estate
You do not HAVE to serve her, only attempt to serve.
I tape them to the door.
2007-12-30 11:15:29 · answer #1 · answered by Landlord 7 · 5⤊ 0⤋
You will need to retain an attorney or an eviction service for the next step which is filing an "Unlawful Detainer" with the courts. You can do it yourself but it is very time consuming and it must be perfectly done. Any mistakes, even a mis-spelled name, and your case could be thrown out and you would have to start all over again. Tenants know their rights and will exercise them to the fullest extent allowed. You're looking at about 40 days from filing to the actual eviction if the tenant does not contest the filing. If they do contest it's about 70 days from filing until eviction. When you get your court judgment make sure you notify the credit bureau's of the judgment until paid and there is a national eviction database that you can enter in to the persons name. This will allow other landlords to skip this individual in the future and save them the grief they've put you through. One last thing...have the paperwork filed ASAP but DO NOT take any action against the person, no matter what they do to you or your property. If you do you will be the one who suffers which could include fines and/or jail time.
2016-05-28 03:19:33 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Get the sheriff to serve the pay or quit the tenant then has 30 days or the sheriff goes and cleans out the apt and throws it on the lawn. Then you are responsible for the contents for 6 mos in storage. At that point his junk is your junk and you can sell it to whomever you want. The main thing is you do it thru the courts or he will sue you. You may have to cut your losses on this. This is exactly why we have to charge people 1st mos rent, last mos rent and deposit. all the other good renters have to pay out the friggin nose for a place to live. I wouldn't be a landlady again for anything in the world... good luck :(
sorry the news wasn't any better.
2007-12-30 10:57:24 · answer #3 · answered by to tell ya the truth........... 6 · 0⤊ 0⤋
If you go to court and get an order for Eviction....I can guarantee that a Sheriff will be much more persistent when serving an eviction notice. They will try to serve it three times and if the tenant still doesn't answer, they will tape it to the door. That will serve as a properly served order of eviction. Then the tenant will have 3 days to vacate, or the Sheriff will come and personally put them out. If you can't make any headway...that would be the best route to take. I've been there....done that. Sheriff's don't take any crap like us Landlords do.
2007-12-30 10:45:15 · answer #4 · answered by Grandma of 2 5 · 3⤊ 1⤋
contact a lawyer to find out your rights and be sure you don't do anything to violate theirs. It can hurt your case.
Your lawyer will be able to get a third party who specializes in serving papers.
Lastly ,be patient My wife and I went through this with a tenant, and even though a judgment was made in our favor, it still took months. This does not even take into account the damage that had been done to the property.
Good luck.
2007-12-30 10:46:04 · answer #5 · answered by James C 1 · 1⤊ 0⤋
When your tenant filled out a rental application it should reference where they are employed at. You can have the tenant served at work.
Once you have your tenant served and get a judgment in your favor, you can garnish their paycheck or put a lien on their bank account. Hopefully you have recorded all payments and made copies of the checks you received. If so you, you already have your tenant's banking information.
2007-12-30 10:46:50 · answer #6 · answered by Deadrea 2 · 3⤊ 0⤋
Take the certified documents that you tried to send her to the court and explain she refuses to be served and most likely they will give you rights to a eviction if she is refusing. Or you could stalk her and catch her when she leaves the home.
2007-12-30 10:39:23 · answer #7 · answered by daddyjohndeer 5 · 2⤊ 0⤋
Pay him to move out.
Have him out before he gets anything.
2007-12-30 15:58:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
consult an attorney, they would know for sure.
2007-12-30 10:48:31 · answer #9 · answered by Jerry S 7 · 0⤊ 0⤋
is your tennant even alive in there?
2007-12-30 10:40:21 · answer #10 · answered by mockingbird 5 · 1⤊ 0⤋