1.What is the correct way to serve an eviction notice?
There are three valid methods for serving an eviction notice.
2.How long do evictions take?
The truth is this is largely in the hands of the tenant. If the tenant complies with the initial eviction notice, it could be as little as a few days. If the tenant is willing to be sued and wants a hearing it could be three weeks or
more.
We are experienced at navigating the legal hurdles in an eviction and will strive to do so efficiently.
Although many evictions are shorter, and some longer, we have found the average eviction to be about eighteen days.
3.How much do evictions cost?
Again, this depends mostly on how the tenant responds. The eviction could cost as little as $125.00.
It is usually considerably more. It also depends on whether you follow the fast rack approach or pay-as-you-go.
The fast track eviction costs more up front but may save time. Pay-as-you-go eviction saves money if the tenant quickly acquiesces.
4. The tenant moved out. Can I retake possession?
Abandonment must be clear and unequivocal. Any ambiguity will be construed against the landlord.
5. The tenant left belongings behind. What do I do with them?
It depends. If rent is accepted, even a partial payment, for the period for which the three-day notice to pay or vacate is issued, the landlord forfeits any right to evict.
If rent is due for multiple periods and a partial payment is accepted the landlord does not forfeit the right to evict
so long as the payment is applied to previous rent first and there is still some rent owing for the period before the
three-day notice to pay or vacate.
7. My tenant is a victim of domestic violence. Are there special rules for this situation?
8.I was selling my house to someone who moved in prior to closing. I no longer want to
sell to them but they refuse to vacate the property. Can I evict them?
Yes, but probably not under the landlord tenant act. You will have to bring an ejectment action against a purchaser who gained possession pre-closing and will not leave. This will take a lot longer and will cost you a lot more money.
9. What are the rules regarding security and damage deposits?
There are several statutory provisions that require, among other things, checklists, that deposits be placed in trust accounts, and that the landlord provide either the return of the deposit or an explantion of the retention of any funds with 14 days of the end of the tenancy.
10. How much notice am I required to give my tenant for inspection/repairs or to show the property
to prospective purchasers or tenants?
Yes. You must also provide certain notices regarding smoke detectors.
14.I bought a property at foreclosure. It has been more than 20 days and the people
have not moved out. Do have to serve them with a notice before evicting them?
18. But my lease says I can change the locks, evict without notice, and/or the property is
"as-is", etc. The tenant agreed to this by signing the lease so why do I need to worry about all of this?
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a fact. Scott Eller is the sole shareholder of T. Scott Eller Law Firm PLLC.
Nothing in this website is a substitute for legal advice. The
information is general in nature. Furthermore, while we update this site frequently and strive to provide quality content,
the law is always in flux. The statutes, ordinances, and other legal authority cited and/or published in this website
may not always be current. For legal advice on your particular circumstances feel free to contact us.