Evicting tenant

5 Replies

My tenant have not paid me rent yet for the month. they say they will have the money next week on the 27th. So I'm giving them until then. If not paid then how to evict them?. I know I have to send them a letter but how long does the eviction process take?

@Marcus Mccluster Ask other investors in your area for a good eviction attorney.  If you don't know any, call house / apartment listings and ask to talk with the owner.  Explain your situation.  An attorney can handle everything for you.

I need to start telling my new tenants that we send a 3-day notice if rent is not paid by the 5th and file for eviction immediately after that.  "This doesn't mean we can't work with you, but you will need to pay the attorney and court fees at that point in addition to the rent and late fee."

Originally posted by @Marcus Mccluster :

My tenant have not paid me rent yet for the month. they say they will have the money next week on the 27th. So I'm giving them until then. If not paid then how to evict them?. I know I have to send them a letter but how long does the eviction process take?

 Marcus, if they pay on the 27th, it is highly unlikely they will have June's rent ready for you four days later on June 1.  I would not wait until after the 27th to consider filing for eviction.  Most tenants are living month-to-month financially.  If they fall behind two months on their rent, they simply don't have the wherewithal to catch up, even if they have the best intentions.  Once the first of the next month rolls around, if you haven't received the previous month's rent, it virtually guaranteed you're going to lose money.  Not always, but close enough.

It seems like you're a new and/or inexperienced landlord.  If true, you should probably consult a lawyer to handle this first eviction for you.  Don't wait.  Every day you wait is another day's rent you will lose.

EDIT: If you absolutely positively don't have the money to hire an attorney to handle this for you, you can try to do it yourself.  Visit the courthouse located in the same city as your rental.  Go to the office for the clerk of court.   Tell the person at the counter you are a landlord and you need to file for an eviction.  The clerk will give you the paperwork.  Explain that you have not filed for eviction before and the clerk may walk you through the costs associated with filing for eviction and the procedures and such.  Don't expect her to sit down and help you fill out the paperwork with you -- that's not her job.  But, if the clerk is nice and in a good mood, you will get some helpful information.  Oh, get an extra set of forms in case you make a mistake.  Then, take the paperwork home, take your time filling it out, and return to the courthouse to turn it in.  However, if you've never done this before, and if you can find the money, it's probably best all around if you just hire a lawyer.

I may be inclined to wait to actually file the suit for unlawful detainer until after the 27th now that you are so close, but I would definitely serve the 3-day Notice to Pay or Vacate in the meantime. Check your state landlord/tenant law online to see what you first need to serve. Here it's a 3-day notice.  There it may be 5 days or something.  Have that served so you can immediately move to file suit on the 28th.  Pay close attention to process service rules. Here I can't do it.  Has to be an independent 3rd party with copies  mailed to each adult individually.  It will be outlined in your state's landlord/tenant law statute. If they do pay on the 27th, serve the 3-day immediately when late day passes in June.   Good luck @Marcus Mccluster .  

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