Evicting a tenant : ezLandlordForms

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Laura C

started a topic over 12 years ago

After the 3 day notice to vacate am I ready to go and file with the courts for eviction? We gave him the 3 day notice and he asked for time to move. Foolishly we allowed til the end of the month and now he is pushing it to the 4th. We see no movement towards packing and I feel we need to know the next step. Any advice?

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Donna

said over 12 years ago

FIRST: Before filing a Complaint to recover possession, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. After the expiration time on the service of the Three-Day Notice you may proceed with filing the Complaint for Eviction. Be sure to count the days as specified above. THEN: The landlord shall file the original Complaint and sufficient copies of the Complaint for each tenant with the Clerk. The Court must also receive a copy of the Three-Day Notice and a copy of the lease, if one exists. You must also attach a copy of the notice and lease to each copy of the Complaint. The Complaint must be signed in the presence of a deputy clerk or must be notarized by a notary public.

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Christine J

said over 12 years ago

I was suppose to be in courtr today but miss it thinking it was on december 2,2011 to evict my tenant she say she went and the judge dismiss it what i need to do i am going back down to court house to file anothert paper she owe me $1134.00 in rent and her lease was up on the 18th of october 2011. my email adress is studaway 5@yahoo.com

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Matthew M

said over 3 years ago

You can't evict a tenant due to bad behavior. You can only evict for non-payment of rent and/or lease violations. Give notice that they will be required to vacate when the current lease ends. As for the gun issue, call the local authorities. If there are charges made, may leases allow termination due to criminal activity.