Re: Eviction Process advice - Landlord Forum thread

Re: Eviction Process advice by Someone Else - Guess Who (FL) on November 3, 2009 @13:18

First question. Do you want them as a tenant?
Sounds like the answer is no.

If they show up with the rent, refuse it citing their failure to comply with the 10 day notice (and it has been 10+ days and no compliance) which terminates the lease. If you take ONE PENNY from them, you have accepted them for another month AND essentially forgiven their transgression.

If you have to use a lawyer, make him or her file the papers TODAY. With a little research, you could preside over the eviction yourself. Look up the chapter on landlord-tenant laws in your state statutes and read it over and over until you got it.

The paperwork to file an eviction is so generic, your courthouse probably has the form for you - you just fill in the blanks. So if your lawyer is not on the ball (and that's what you pay them for) MAKE THEM GET ON THE BALL. In evictions, time is absolutely of the essence. That means that once the judge signs the eviction, the notice is officially served THAT DAY or first thing next morning.

The important thing is that you adhere to the laws of your state, document all activity in a journal, only communicate with the tenants in writing, only accept communications from them in writing, and DON'T ACCEPT THE RENT if you want them out and you have legal grounds to terminate the lease.

Hope this helps.

If you have any questions, I'll check back in about an hour.

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Re: Eviction Process advice by LL Yikes (IL) on November 3, 2009 @13:22	[ Reply ]
Thanks...I guess what I'm wondering is since I'm evicting them for failure to cure (the 10 day notice, of atleast 2 violations) and it probably will take me minimum 30 days to get them out, I should not take any money from them? Even though that's not the reason for my eviction

Re: Eviction Process advice by OK-LL on November 3, 2009 @14:54

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If they offer rent, you should accept it -- rent is not the subject of your suit. Your eviction suit is for non-performance under the contract. The violation should be "substantial or material", meaning it shouldn't be some minor thing that isn't important. Only you can determine what you can argue is a substantial violation. For instance, if they have a yellow porch light instead of a white one, that's not an evictable issue, UNLESS it is resulting in a financial impact on you -- for instance, the HOA is fining you. So look closely at the violation and move to eviction if it is warranted.