Evictions

Eviction Service From Landlords Online

Please see follow the following steps:

1. Read Example of Eviction Procedures
2. Read The Cost of Eviction Guideline
3. Fill out the paperwork provided.
4. Call Landlords Online


Example of Eviction Procedures

Timeline for Eviction due to Non-Payment of Rent

Day 1—Rent due.

Day 2—Rent unpaid. Landlord serves notice: “3-Day Pay or Vacate.”
If tenant does not pay rent due to unmade repairs, complaints against the landlord, or for any other reason, he/she runs the risk of eviction & should contact an attorney or advocate immediately.

Day 3, 4, 5—Tenant has 3 days to come up with entire sum.
Landlord does not have to accept partial payment, but does have to accept the rent if it’s presented in entirety in these 3 days. Often, three day notices contain additional late fees and/or attorney’s fees. Tenant should consult his/her lease to see if fees are stipulated in the rental agreement.

Day 6—Landlord now has option of serving tenant a Lawsuit for Unlawful Detainer (Eviction Summons & Complaint).
This initiates the legal eviction action.

· May be filed in courthouse now or later. If it is stamped with a number in upper corner, it’s been filed.

· May be served a notice with the date of the Order to Show Cause Hearing.

· The Summons & Complaint may contain the provision that the tenant must pay owed monies into the court registry OR file a certification disputing that point. If that provision exists, the tenant must act accordingly to avoid a default judgement.

· The Summons may say that the tenant can request that the suit be filed with the court. The tenant should be aware that as soon as the suit is filed, eviction will be on the tenant’s record, no matter how the judge rules. This can seriously effect the tenant’s ability to rent in the future.

Day 13—Answer Due (Response or Notice of Appearance and Certificate of Service Due).

· The date the answer is due will appear on the front of the Summons.

· Usually due a week after lawsuit is served.

· Tenant must turn in copy of Answer to landlord’s attorney. If lawsuit has been filed, a copy ALSO goes to the courthouse clerk.

· If tenant does not file a Response or Notice of Appearance, a Default Judgement against the tenant is likely.

· When the tenant files an answer, an Order to Show Cause Hearing date will be scheduled shortly thereafter (around day 18). But, this may have been scheduled already. (See Day 6.)

Day 14—Date of Order to Show Cause Hearing Default Judgement, if no answer was filed.

· If the tenant didn’t respond to the Summons & Complaint, he/she may be automatically evicted.

Or

· If tenant has responded to the lawsuit, parties go to court. The judge will hear both sides & rule. If the landlord wins, the court issues a Writ of Restitution, (the legal papers to be served by the sheriff ordering the tenant evicted), and a judgement requiring the tenant to pay landlord’s attorney and court costs, as well as back rent and any late fees. If the tenant wins, the case is dismissed. However, the eviction filing will still appear on the tenant’s record.

· If the tenant is able to pay back rent, court costs, and attorney fees, his/her tenancy may be reinstated.

· Additionally, a judge may send the case to trial.

Day 14—Writ of Restitution issued if tenant loses by default judgement or at hearing.

Day 15—Sheriff serves Writ.
(Usually on tenant’s door.)

Day 19—First day that Sheriff can enforce writ.
(72 hours after writ is served to tenant.)

Day 20 or 21—Writ usually enforced.
Sheriff comes and tenant is physically evicted. The name and phone number of the sheriff will appear on the writ. Tenant should contact the sheriff as soon as possible.

Day 24—Sheriff’s statutory deadline for completing eviction.


COSTS OF EVICTION

$30.00 3 Day Notice

$60.00 + Costs 5 Day Notice

$30.00 Final Judgment

Motion for Default by Clerk

$30.00 + Costs Writ of Possession

Costs Include:

Court Fees- Varies by county. ($180 + 10 Per Issuance)

Process Serving- Varies by service (Process Server or Police) ($20-40 per tenant)

Writ of Possession- Varies by County Sheriffs Office ($80-100)