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    The Eviction Process – Part 2: Heading to the Courthouse

    You have done the research and know you have a case for eviction. You have meet and discussed the issue with the tenant, provided the formal notice of eviction and the tenant has not corrected their behavior or paid the outstanding rent by the due dated state in the notice, then down to the court house you must go!

    To successfully file for eviction, a fee must be paid. Also, the landlord will be required to provide proof that they have provided the tenant with the local requirements for the amount of time a tenant has to react to an eviction notice.  This is why it is always encouraged to provided an additional eviction notice to the tenant via certified mail.

    “Certified Mail” by Tony Webster is licensed under CC BY 2.0

    If you have been able to correctly provided the courthouse with the proof they require, they will schedule the hearing and notify the tenant about the hearing, most likely via a summons. Now it’s time to prepare, prepare and prepare! You will want to make sure that you have gathered the below information before heading to the courthouse.

    Being properly prepared with all your paperwork is important. As a tenant can’t produce payment receipts that never existed, being prepared means that you would be prepared if a tenant claims to have paid the fees or never received the eviction notice. This is again why sending an eviction notice by certified mail is very important! Certified mail will provide the dated proof that the tenant has received the notice in the required time limit and their claim is false. Receipt books, bank statements and bounced check will support the claim that rent payments were never received.

    Also, it’s best to sleep well before the hearing, to ensure that you are attentive and confident. Keep your cool, especially if the tenant is making false claims, and make sure that you let the evidence speak for itself. If the proper documentation was presented then the courts should rule in the landlord’s favor.

    Now what happens once the courts have ruled in the landlord favor and evicted the tenant?

    When the court rules for eviction, the tenant is set an amount of time before they legally must vacate the property. This time frame can be anywhere from 2 days to a week and depends on the local regulation. As this move out date is legally set by the court, the tenant must be out of the property by this time!

    If they haven’t vacated the property, the landlord has the right to contact the Sheriff’s department and request they escort the tenant off the property. This is not an ideal situation, but unfortunately happens more then any landlord would like.

    Now that the tenant has moved out? How does a landlord go about getting the back owed rent? Stay tuned to find out more!

     

    How to Evict a Tenant – The Eviction Process in 8 Easy Steps

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