How To Evict A Non-Paying Tenant On Your Own
Write a letter to your renter giving them the appropriate notice to pay the rent or face Eviction. The timeline is typically between 3 to 5 days if the Tenant is not paying rent. This letter is called Notice to pay rent or leave. Send the letter by Certified Mail so that you can prove it was sent later in Court. Don’t forget to provide the Renter the chance to pay up and stay, otherwise, you will need to draft a whole new letter. Usually, the 3 or 5 day notice will only be helpful if you have a non-paying Tenant. If you are evicting the Tenant for some other cause you may have to give them up to 60 days notice depending on the State.
You will have to go to your State’s Judiciary Website or Library. Search for forms that are up to date and are titled alike to the following: Petition for Summary Possession or Complaint for Eviction. You may also need to Get these forms filled out and ready to file with the Court before you send your letter in the step pointed above. If the Tenant does not pay within the time you alotted to them by law, go ahead and drive down to Court, come to the information desk or window and ask for the proper window to file your Complaint for eviction or Summary Possession and Writ. Don’t be bashful to tell the Clerk that you are “Pro Se” without lawyer and if you have filed all the documents you need. They may or may not help you. The majority of Judicial Websites also have self-help guidelines for property owners and tenants.
Take the copy of the file stamped (stamped copy returned to you by the Court Clerk) Complaint or Petition for Eviction or Summary Possession and have that served on the eviction. You may look in the phone book for a “Sheriff” or “Process Servers” and they may serve your Renter with the paperwork and notice to attend court for as little as $25.00
Show up on the Court Date. At the Court date the Judge will as a rule ask the Renter if they agree with the Eviction. If they agree or don’t show up a judgment will be entered against them. You can need to file additional forms like: Motion for Default Judgment, Entry of Judgment or Judgment if the Tenant does not show up and you desire to try for your money owed. If your Tenant disagrees with the rent owed or possession issues big number of Courts will send you both to Mediation right on the spot, while others will set one more date for trial for the purpose to define if you have the right to possession and to rent in arrears.
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