Eviction process : ezLandlordForms

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Thomasina L

started a topic about 15 years ago

Tenant is 13 days late. Can I start eviction process?

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Tina S

said about 9 years ago

I have a tennet in our house that is 26 days late paying rent. I have sent them a late notice and talked to one of them on the phone (she states that she mailed the payment). What should my next step be? I want to be fair, but I also don't want to be taken advantage of. Tina S. Monday January 26, 2015

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Richard W

said about 9 years ago

I think the best way to do this would be to end both leases to prepare the house to sell this way they both move out together and if they are your family hopefully they respect your property and understand. Simply give them the proper notice to move out by a certain date. If they do not then you will legally have to evict them and file with the courts.

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Ryan H

said almost 10 years ago

I would agree with the above posts. You need to hire an attorney to proceed with the eviction process. Even my property manager at Tropicana Realty, who handles such cases for me stated the same.

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Paul G

said almost 10 years ago

Get an attorney, or learn the laws of your state. The clerk of the court can be helpful. Be aware it can take months to actually evict a tenant even for clear cause.... In order to evict, even in a case where the tenant NEVER paid any good funds (initial deposit and rent check bounced) it took me nearly 3 months to evict, and 5 court appearances. Over a year later I still have not been able to collect any funds. Welcome to the wonderful world of being a landlord. Seriously... hire an attorney. Don't wait.

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Daryl J

said almost 10 years ago

I understand your concerns but I do not believe you can refuse to accept the payment due. If you filed for eviction on grounds of non-payment and other violations the case should not be dismissed simply because of the payment but you will need to seek legal advice to confirm. If it is dismissed you can always file again for the repair issue.

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Molly H

said about 12 years ago

If the tenant has not moved at the end of the 30th day, you can then file an unlawful detainer (eviction) lawsuit to evict.

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Donna

said over 12 years ago

If you are evicting for non-payment of rent, give the tenant an Alabama Eviction Notice that gives them 7 days pay the rent or to vacate the property. If you are evicting for some other lease violation, you must give them an Alabama Eviction Notice giving them 14 days to fix the problem or vacate. It is good to hand-deliver the form, AND send it certified mail. Keep a copy of itâ€¦ you will need this later on! If the tenant does not leave, you then file the complaint against them for Unlawful Detainer. Get this complaint from the court that handles evictions for the area where your property is located. 4. Once served with the lawsuit, the tenant will have 7 days to file a written objection.. If they do not file a written objection, you win the case and can have the sheriff remove the tenant. If they do file a written objection, then you must show up for your court date and ask the judge to grant the eviction. You will have to claim that rent was not paid (or other lease violation was not cured), and prove that you gave proper notice (by showing a copy of the 7 day notice you gave the tenant). Usually a non-payment of rent case is fairly simple. But if your case involves the unusual or not typcial elements, I would consult an attorney. I also would do this in te event your Tenant DOES file an objection.

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David W

said over 13 years ago

Also, another option, if the water is still on you could allow the water to drip in the sinks throughout the house to help prevent the pipes from freezing.

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David W

said over 13 years ago

Drain your pipes of excess water, and possibly treat your pipes to avoid costly repair. If your home has a basement, go to the lowest level of the house and drain the water lines to prevent the pipes from freezing. Hope this helps.

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Mary H

said over 13 years ago

My renters have been furnished with the name and phone number of the gas company that provides the gas heat for the house. They have not contacted the gas company but are complaining of the cold. Their electricty has been off for a month because of non-payment. Currently, no one is living inside the house. The weather will be freezing tomorrow night and the following two nights and the pipes may be in danger of freezing. Suggestions?

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Renee R

said over 13 years ago

Yes you are, as they are separate issues. That said, make sure your contractor takes a good close look to make sure the tenant didn't tamper with it or anything else, in an attempt to cloud the eviction issue.

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Balkys S

said over 14 years ago

If the rent is significant- start the eviction process. If it's under $150, try to work it out. The last thing you want to do is spend $150 on court docs. and filings and have the court make you work out a payment plan with your tenant. Times are hard, the courts are flooded. You want to make the eviction worth your time and money (although there's no such thing). good luck

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Denise S

said over 14 years ago

In Wahsington, if the tenant is even 1 day behind on rent, the landlord may begin the eviction process by serving a 3 Day Notice to pay rent or vacate. If the tenant does not pay rent within 3 days of notice being served, the landlord may file a forcible entry and detainer complaint and summons in their local district or county court.

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Denise S

said about 15 years ago

For great information on Georgia Landlord Tenant info: visit http://www.ezlandlordforms.com/articles/georgia_landlord_tenant_law_and_regulations/ Generally you may start an eviction when the tenant is late on rent beyond any applicable grace period.