To start the eviction process, a landlord must first send notice (by first class mail, postage prepaid) informing the tenant of the breach. A 3-day notice is used for non-payment of rent; a 14-day notice is used for other lease violations; and a 30-day notice is used to terminate a month to month tenancy. Once the amount of days in the notice has run, you may use the courts to terminate the lease and remove any tenants that have not vacated the premises.

Use a 3-day notice to demand payment of rent that is due and owing. A 3-day notice should: state the total amount of money that is owed, provide an itemization of charges to the tenant’s account (e.g. rent, late fees, utility fees, maintenance fees, etc.), and inform the tenant that if rent is not paid within three days after written notice of nonpayment the rental agreement will terminate.Use a 14-day notice to demand compliance with all other material terms of the rental agreement. A 14-day notice should: specify the acts and omissions constituting the breach (e.g. unauthorized pets, unauthorized occupants, excessive damage to the premises, etc.) and inform the tenant that the rental agreement will terminate thirty days after receipt of notice if the breach is not remedied in fourteen days.Use a 30-day notice to terminate a month to month tenancy. At the expiration of the fixed term in a rental agreement (e.g. a one year lease) a tenancy will continue on a month to month basis by operation of law. A landlord may terminate a month to month tenancy by giving written notice to the tenant at least thirty days before the start of a new monthly term.

We charge $400.00 to file a lawsuit and represent you at the court hearing for restitution of premises. Our fee is inclusive of court costs and sheriff fees. An Order granting restitution will lawfully restore possession of your property back to you. If necessary, the sheriff will enforce this order and physically remove any holdover tenants. Please see our Retainer Agreement for complete information.

Typically, we will have your property restored back into to your possession in 21 days or less. The Clerk of Court will set a trial date 14 days from the date on which we file your Complaint. If the tenant avoids the sheriff’s efforts to serve the summons, the trial will be delayed by approximately five days while my office perfects service. After court, the sheriff will contact you within 24 to 48 hours to arrange a formal lockout. So, planning for delays, the entire process typically takes 21 days or less.

My office will seek a judgment for monetary damages against your tenant that includes: back rent, late fees, court costs, attorney fees and statutory damages (when allowed). We will then enforce that judgment by garnishing your former tenant’s paycheck.

Collection cases are handled on a contingency fee basis. You will receive 60% of all amounts collected after costs are deducted. Our fee is 40% of amounts collected and reimbursement of costs. In the event we obtain a judgment against an employer of your former tenant, our fee is increases to 45% to compensate for additional court time. You will only be charged from amounts actually collected. We send you checks, not invoices. Please see our Retainer Agreement for complete information.

If you accept payment in any amount from a tenant after serving a 3-day notice, you waive your right to evict. You will have to start the process over and serve a new 3-day notice which gives the tenant credit for any amount paid. While a 3-day notice is running, a landlord is only obligated to accept the entire amount demanded in the notice. A landlord should send any partial payment back to the tenant prior to the hearing to preserve his right to evict the delinquent tenant. Once a three day notice has run, a landlord is under no duty to accept any payment at all and may refuse even full payment and proceed with the restitution action.

It is always best to appear at the scheduled hearing if you believe your tenants will contest the restitution action. In the event your tenants appear and present misleading or false testimony, you will need to be present to testify and refute any such misleading or false testimony.If you cannot attend the hearing, my office will send you a landlord’s affidavit to sign that we will present in court in lieu of your live testimony.

Generally, a landlord must give written notice to the tenant which allows the tenant 14 days to reclaim the property. Notice should be mailed via U.S. mail, first class, with postage prepaid to the tenant’s last known address. For full details please read the following: Abandoned Property – When can I throw it out? & Sample Notice of Right to Reclaim Abandoned Property.