Evictions and Collections
Most landlord tenant matters are for non-payment of rent or termination of tenancy. A small number of situations involve drug use or concern over destruction of the property and involve a shorter timeline between filing and eviction. Our office handles evictions from start to finish. This includes sending the appropriate notice to the Tenant, filing the summons and complaint, and attending the hearing. Fees associated with a landlord tenant matter include attorney fees, filing fees, and service of process fees. Our office can explain these fees during your free consultation. In addition, using our experts will assist you in better understanding the nuances of landlord tenant law such as that the law requires that a Tenant be personally served in order for a money judgment to be appropriate. Even if you pay for the service of process and pay the extra fee for filing that does not guarantee that the Tenant will be personally served. If a Tenant is not personally served a money judgment will not be granted by the Court.
An eviction for non-payment of rent requires sending a 7 day notice to the Tenant stating that he/she must pay ALL the money owed in back rent by the 7th day or move out of the home. If the Tenant fails to comply with the 7 day notice, a summons and complaint is filed with the appropriate district court on the 8th day.
A hearing is scheduled within 10 to 14 days of filing the action. At the hearing, the Court will hear the Plaintiff’s argument and the Tenant may present evidence to defend or show his or her point of view.
If the Landlord is successful in obtaining a judgment, the law permits the Tenant 10 days from the date of judgment to vacate the home. If the Tenant fails to vacate on the 10th day, a Writ for Eviction may be filed with the Court and the Sheriff will forcibly remove the Tenant and his or her belongings from the home.
In a termination of tenancy action, there is no lease agreement, which extends the timeline to 30 days for notice, and not 7.
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Basic Eviction and Collection Terms
- A possession judgment states that the Landlord is entitled to legal possession of the property and that the Tenant must move out.
- Money Judgment
- A money judgment states that the Landlord has right to possession and to money owed him/her by the Tenant.
- A default judgment states that the Court did not hear the Tenant’s side of the case and sided with the Landlord because of the Tenant’s failure to appear.
- Both parties appear and consent to the arrangement.
- The Tenant appeared and was not agreeable to a consent judgment and the matter was heard before the Court.