rental - Landlord Forum thread 252365

rental by Chris on April 3, 2012 @04:35

YOU NEED to take to court:Your copy of the 3-5 day [depending on your state]“pay or quit” notice you delivered to the tenants. Sent certified.when you get to court, which is a DETAIN ER action,you need to show the amount of rent, and proof that you have a tenantwho has not paid.IF the tenant chooses to show up at the court hearing, the judge will listen to the tenant explain why they have not paid, and if they have extenuating circumstances.if no special agreement is arrived at between the court and thetenant [only if they show up at court]you get a judgment. [rent due and costs]at this time, the tenants have 10 days to exit; not more time to paylate rent.If in 10 the tenant has NOT left, you must return to courtand seek a WRIT OF RESTITUTION.You take that writ to the sheriff’s office,pay the sheriff a SERVICE fee and wait 1-5 daysfor that service. When the sheriff arrives, you must have a locksmithso that you can have the lock changed.the sheriff will knock on the door and if no answer, thesheriff will take your key and open the door.if no tenant; you must remove all the belongings andstore them safely for 30 days. [after 30 days, the belongingsare yours]then, the unit is yours to re-lease.if the tenant[s] is still there, the sheriff will give them about 30 minto exit with all their belongings.the sheriff will stay there till they leave–or he mightleave and return……..problem solved.any time any tenant does not pay rent. while it might seem like using a sledge hammeron a fly, it is nothe needs to be sued. in small claims court.

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