Evicting a tenant is both a time-consuming and confounding process. If you’re a busy person, you better off using a property manager who will take care of it on your behalf. Now, if you take this route, there are fees associated with each step. For example, you will be charged for serving notices, document preparation, affidavit notarization, mailing, etc. There are also associated fees in case of eviction or lock-out filing. And as always, rush requests will always carry additional fees with them.
What Happens After The Notice
It is the tenant’s right to contest against any notice. If this happens, the Justice Court will notify you about the contest / hearing answer. Your Summary Eviction is required thereafter. On the hearing date, the judge may allow the tenant to stay until a specific date and then surrender the premises after the date has passed. Landlords should expect the tenant to contest, after all, nobody would want to be thrown on the streets homeless. This why it’s important for the property manager to be on top on the court’s decisions.
Remember that only the Sheriff or Constable has the legal power to physically lock-out the premises. Never attempt to do this on your own or you will be in serious trouble.
As mentioned earlier, your tenant has the right to contest in the Justice Court. Whatever the reasons they have, the court will approve or deny their response. If the judge approves, a hearing date is set. In case of a Lock-Out Notice, your tenant can contest on that as well within 24 hours.
Tenants Property After Being Locked-Out
You need to wait at least thirty (30) days before you can eradicate them. Within this period, the tenant can make some arrangements to remove the remaining belongings. You cannot charge for storage fees. Should you wish to do so, only a “reasonable” amount is permitted. After 30 days, notify the tenant by writing of your desire to dispose the remaining unclaimed items.
In many cases, the tenant simply moves out even before the eviction process has completed. Landlord should allow the procedure to complete to prevent future problems such as reoccupation of the said premises.
If the tenant pay and wishes to stay, the eviction process has to be cancelled. The Constable or Sherriff’s Office has to be notified.
If you are still unsure what to do next with your erring tenant, contact an attorney today to assess your case.
