So my tenant has not paid all of Jan she also has not paid Feb Rent.
I have sent her a notice to pay she has not signed it.
I have filed eviction with the court.
Is there anything else i can do to rush the process?
Any other way to sue her?
- she has taken off the smoke alarms
- i have pics of cigg buds in the house and ash trays (took these pics when she let me in)
- not paid rent
- another person from her unit is receiving mail but he is not on the lease
- has windows covered which on my lease is stated cannot block fully
Unfortunately you have to let the law run its course. How long it takes the law to evict depends on the jurisdiction. A common eviction progression in one of the areas we have apartments is:
1) Send tenant 7 day notice
2) Go to court after 7 days and file for eviction. Receive court date 10 days or 2 weeks down the road
3) Go to court. Tenant doesn't show up, win by default. Tenant does show up, win anyway. Eviction set for another 10 days hence.
4) Go to court to schedule the court officer to do the eviction 2 days later. Pay additional fee. Officer posts warming on the door or hands it to the tenant
5a) Tenant pays overdue rent and all fines. Eviction is avoided, process starts over the next month when the tenant doesn't pay
5b) Evening beforehand officer posts again or warns tenant again. On day of eviction, go with court officer and a work crew or handyman (depending on how much stuff there is to move). Open door, take everything to curb, watch neighbors take everything good within 10 minutes.
Alternatively, file a 30 days eviction notice for lease violations. This process is longer, and outcome depends more on the judge hearing the case, but if your case is strong the tenant won't be able to stay even if they pay the overdue rent and become current.
We usually use the 7 day notice route, because the tenants don't have the money to pay up and know that they are going to be evicted anyway eventually.
It's typically easier to evict someone for nonpayment of rent than the other violations, especially since they seem fairly minor.
The best thing you can do is just follow the rental laws and go with that. Next time, don't give so much time before taking action. I wish you luck!
Nicole A., New Page LLC | [email protected] | 305‑537‑6252
You will have to wait until your court date and then evict for non payment.
After that you can pursue the 2nd cause & go after money damages.
you can offer her cash for keys to see if she will leave sooner.
You can almost always evict someone simply for not paying rent, you don't need anything else usually. In MO the only way to get someone out faster is if it is an unsafe situation for someone else, usually a roommate evicting another roommate.
Letting the legal system work is usually the only way to deal with it, but you can sometimes try to offer the resident something to give back possession for some sort of compensation (dropped eviction charges, deposit refund, cash, moving truck etc...) This can often be the correct business decision even if it favors someone who already hurt you financially.
Different states have different laws making the process always take a different amount of time. In states where it takes awhile to evict it is extremely important to screen well and get a quality person who cares about their background into the property. That way they will likely keep the property up and pay, but if they don't they will be reasonable with a plan to move them out to prevent negative history on their background while you can get possession of the property back quickly to re-rent it.
Free eBook from BiggerPockets!
- Actionable advice for getting started,
- Discover the 10 Most Lucrative Real Estate Niches,
- Learn how to get started with or without money,
- Explore Real-Life Strategies for Building Wealth,
- And a LOT more.
Sign up below to download the eBook for FREE today!
We hate spam just as much as you
You must be a BiggerPockets member to post on the forums
Join the world's largest, most open Real Estate Investing Community online, 100% free forever!