Learn About The Eviction Of Private Tenants

One of the worst things that a landlord may have to do is the eviction of private tenants. And no matter how unenviable the task, there are certain ways that the process can be smoothed. Though it is hoped that legal action will be required, it is possible that this can help.

The first thing to be certain of is that the rental agreement includes clearly laid out rules and regulations; the breaching of which will result in eviction. Such things to include here are damage to property, failure to meet bills, and failure to pay rent.

As a first step in the eviction process, a formal notice should be delivered to the private tenant. This should set out the reasons for the eviction, a date that they should leave the property by, and mention that legal action will be pursued if the due date is not met.

The actual layout of notice will vary depending upon the reasons for the action, so needs to be drawn up by a legal professional. A copy of this needs to be directed to the office of the clerk of courts too. A fee will be charged here, which should be passed on to the private tenant.

Included in the copy to the clerk should be evidence for your decision, including the rental agreement, correspondence between you and the tenant, and any cancelled checks and so forth.

If the tenant has not left by the date in the notice, a private process server or the local sheriff can be instructed. They will then serve official summons to the tenant, and it will again be necessary to return a copy of this to the clerk of the court. Once filed, a court session will be scheduled.

At this point, it is possible that the eviction of private tenants could be halted by a counter claim from them. However, this rarely happens and most will leave of their own accord. If it does go to court, and the case is won, the tenant will be instructed to leave and the sheriff engaged to ensure this.

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Posted by Harry Carr on Mar 18th, 2010 and filed under Real Estate. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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