Have a tenant already placed in a residence and need to proceed with legal eviction? We can take over no matter where in the process you are, and see it through to the end. From posting notices, to appearing in court, we can take the stress of going through an eviction off your shoulder. (Actual eviction costs are billed separately)
Example of eviction process
While you could file a suit yourself, our property management experts recommend always using an attorney. There’s just too many pitfalls to represent yourself. If you hire us as your property manager, we’ll call the attorney give him the details and he will fill out the paper work and file it with the court within a few days.
Landlord/Tenant suits are only heard on Wednesdays and it usually takes about three weeks or so to get on the docket. Remember if the tenant pays before court we must dismiss the case and the tenant stays.
Luckily the calendar is in our favor and the court date is set for Wednesday October 2nd. This means that if the rent is not paid we can get a judgment for both September and October rent at this one hearing. If the court date fell on a Wednesday, which was October 1st, then October rent would not be late and could not be included.
The big day finally arrives. Often the tenant does not show up for court. In that case our judgment is automatic. If they do show up, depending on the judge, and on the sob story the tenant tells, the judge may give them another week or so to pay up before entering judgment in favor of the Landlord.
Let’s say they don’t show so we get our judgment. Bear in mind that you only get a judgment for “Possession of the Property,” not a money judgment. You have to file another suit in a different court later to get a money judgment. We have to wait four business days after receiving our judgment for Possession before the attorney can file for a Writ of Execution. This writ will order the Sheriff to evict the tenants.
The four business days pass with no payment or appeal so now our attorney prepares and files the writ. It goes back to the Judge. The Judge is a busy guy with stacks and stacks of cases. Maybe he goes away for a few days or maybe he is just very busy. You never know how long it will take for him to sign the writ and sent it to the Sheriff. All you can do it wait ten days or so and start calling the Sheriff every day to see if it arrived.
The Sheriff is a busy guy too. He is so busy that he only takes calls between 7AM and 8AM Monday through Friday, holidays excluded.
It’s now mid October and the Sheriff finally has received the writ. Unfortunately there has been a lot of bad weather lately and the Sheriff is backed up, so he gives you a date to do the eviction of November 4th.