Evictions

The tenant/occupant needs proper

notice and an opportunity  to cure the reason you want them out.

You do not have to give them an opportunity to cure if you

give them 30 days or a  60 day notice if the lease has expired.

The court obtains authority to evict someone by service of a summons.

The tenant/occupant  gets notice of the reasons once again in the Complaint.  Both

Have to be properly served on the now Defendant.

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If the tenant or an occupant does not file an answer or other type of response they

Can be defaulted in 5 or 10 days after serviced, depending on how they were served the court papers.

If they file an Answer then a trial request must be filed with the Court.  The Court must set

The trial date within 20 days of filing this request.

Once  Fast Eviction Lawyer wins the trial or gets a default judgment, a writ is filed and issued and

Delivered to the Sheriff.

Fast Eviction Lawyer hand carries the issued writ the same day  to the  Sheriff with instructions for lockout

Within 5-7 days the Sheriff posts a notice of date of lockout on the tenant’s door.    A similar notice is mailed to Fast Eviction Lawyer and provided to  the client Both the client  and Fast Eviction Lawyer will be notified by the Sheriff of the exact time the day before the lockout.   Fast Eviction Lawyer will confirm with client.

The landlord/client MUST have a licensed locksmith there with the landlord or their agent at the exact time provided by the Sheriff.   LOCKOUT OCCURS.   The combined fee for the writ and Sheriff lockout is $150 paid to the Court and the Sheriff.  The writ fee is advanced by Fast Eviction Lawyer to expedite lockout.
The landlord has a duty to store safely personal items worth more than $175  for up to 30 days.

Breach of Rental Agreement-3 DAY NOTICES

Most landlords want a quick eviction when the Tenant has breached the lease.

The first step is identify how the tenant has breached the rental  agreement.

The most common eviction is based on failure to pay rent and requires a 3 Day Notice.

However, a 3 Day Notice can be served for other breaches of the covenants and conditions of the agreement.  Additionally, a 3 Day Notice can be served when they are causing a private or a public nuisance, which interferes with the usage of other tenants or in some cases even neighbors.  This can also include violent acts against co-tenants or homeowners living with this tenant .

At Will Eviction-30 or 60 DAY NOTICES

Similar to a job, a landlord can evict for no reason at all.  In this case a 30 day notice is required

If the occupant has lived there for less than one year.  If the occupant has lived for more than

1 year then a 60 day notice is required.

End of Lease Term Evictions

Tenants can be evicted at the end of the lease term.  However this does not remove the right

To serve the required 30 or 60 day notice described above, and often this requirement is

stated in the rental agreement itself.  Even if not, the proper notice should be served.

The Landlord/owner must give proper notice by posting a Notice that tenant and occupants are going to be evicted if they do not cure the problem or moveout within a set number of days.  Usually 3 days (click here for sample 3 day notice), but can be more. If the tenant fails to moveout they are committing a tort and not just a breach of contract that is why it is called an unlawful detainer and not just a breach of contract.

3 Day Notice to Pay Rent or Quit

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Other 3 Day Notices

• Nuisance Evictions
• Drug Use Evictions
• Violent Tenant Evictions

An Eviction is where the Tenant has breached the rental agreement (usually failure to pay rent) and the owner or agent properly notices them and properly sues them and serves them important legal documents .

The landlord must file an unlawful detainer lawsuit. Then properly serve a summons and complaint which can include the rental agreement and the notice documents.

Within 5-10 days after being served the lawsuit documents the Court will enter a default judgment.  Then within 10-12 days the Sheriff will lockout the Tenant and all occupants.

The Plaintiff must request a trial and the Court  must set the trial within 20 days of this request .

If  occupant that is not named in the lawsuit you still have to protect yourself by filing and serving  an additional form called a prejudgment claim of right to possession.  Any occupant has 10 days from date of service to file this with the Court. They  only  5 days to file an Answer after that or they will be automatically evicted when the tenants are evicted by the Sheriff.

You should contact an attorney when the Tenant has failed to make one month’s rent payment  or has otherwise breached the lease or failed to moveout at the end of the lease term.

Evicting a person from their home requires strict  compliance with statutory requirements.   These include proper legal notice.  Proper method and type of service.  Proper perfecting of any default judgment.  Proper perfecting of title in post foreclosure evictions.  Proper presentation of the necessary elements of your case at trial.  Proper introduction of admissible  evidence at trial.

 By representing landlords, tenants, investors and former homeowners Fast Eviction Lawyer can more effectively  represent their clients from both sides of the table.  As a result,  we  know what the other side is thinking and doing  before they take action that harms our clients. [highlight bg=”#DDFF99″ color=”#000000″]This enables me to evict my client’s tenants faster.[/highlight] But this also enables my tenant and homeowner clients to stay longer or get paid more cash for keys.

Anyone can represent himself in court, but only an attorney can represent someone else. You and your corporation have separate legal existences. You thus can represent yourself in court, but you cannot represent the company.  If you do you would be practicing law (representing someone else) without a license, which is a crime.  Call me now or call me later.