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A 5-day Notice to Quit is a demand to pay rent or vacate the property. This is used when your tenant has failed to timely pay rent pursuant to the lease agreement. If you do not have a signed lease agreement, a 5-day Notice may be insufficient to win the eviction.
A 30-Day of Non-renewal is used for terminating a month-to-month lease. Thirty days is the statutory minimum, but your lease agreement may require forty-five or even sixty days notice to the tenant.
This Notice is used to terminate a "Tenant-at-Will." A Tenant-at-Will is someone who lives in the property but is not technically a tenant on the lease. This could be a family member, a friend, or an ex-girlfriend/boyfriend that refuses to leave. This differs from a trespasser because the tenant-at-will was allowed to live in the property at some point.
Once the proper notice has been properly delivered, and the tenant has failed to pay or vacate the property, you are now ripe to file the eviction and request a court date. You must file a summons and journal entry and have these documents served upon the tenant. Once this is accomplished, you will be ready for court.
At your court hearing, the judge will require you to meet with your tenant to attempt to settle the case prior to trial. If no settlement is reached, you must present your case to the judge. This can be tricky if the defendant is claiming uninhabitability or failure to make repairs. If you win the case, the judge will order the tenant to vacate the property . If the tenant still fails to comply with the judicial order, then you must seek a writ of assistance with whe sheriff's office to forcibly remove them.
Self-help is when a landlord changes the locks or shuts off the utilities to the property in an attempt to force the tenant to leave on their own. Self-help is illegal and can put the landlord or owner at risk to be sued by the tenant. The logic behind this is that if a tenant with life-saving medicine is kept in their refrigerator and cannot get access to it because the landlord changed the locks, the tenant could die and sue for damages.
The law regarding evictions and certain situations can be complicated. If these laws are not strictly followed, you could wind up having to start the process all over again.
Having an attorney in your corner can ensure that the eviction process is done correctly the first time and that we get that nuisance tenant out of your property. Call us today!!
Our fees depend on the facts and circumstances surrounding your individual case, but we truly believe that you will find our fees to be very reasonable and competitive. In most circumstances, a small flat fee is available.
If you would like for us to discuss your case, I encourage you to call us directly anytime, day or night, at 918.521.1043. Remember, the earlier your retain a lawyer to assist you, the more time your lawyer has to prepare an informed and well-planned strategy on your behalf. We look forward to speaking with you.