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PRETTY quick, especially if it's for non-payment of rent! First a landlord must serve the tenant a three-day notice. Time: 3 days Then the landlord must file the paperwork with the Clerk's Office: < 1 day Sheriff's deputy serves the eviction summons: This takes one day or two You have then FIVE days to answer the Summons, and the answer must accompany a money order or cash in the amount of the rent, in person at the Clerk's Office. If you don't have the money, the Judge doesn't want to hear from you. He can rule a Judgment for the Landlord by default. Time: about three days Then the Landlord must obtain a write of possession. Time: about 1 or 2 days Then the Landlord must turn the paperwork to the Sheriff's Office and pay them $80 to hire a deputy to force the tenant out (execute the writ of possession). Time: about two days. Total turnaround time: about 20 days by default, longer if you did pay the money to the Clerk and went before a Judge, who may order you to pay another month's rent if it's then due by the time of the final hearing.
What else can I help you with?
If a co-tenant does not pay the rent on an apartment can the other tenant evict him?
When more than one person signed the lease each is responsible for the full amount of the rent if the other refuses to pay their share. The ability to evict the co-tenant who won't pay their share varies under different jurisdictions. In some cases only the landlord can evict a tenant. You should contact a landlord-tenant agency in your area or an attorney who specializes in tenant issues.
Tenant violated your lease and has not paid rent how long do you have to give them to vacate your property?
In the United States, the amount of time you must give a tenant who has not paid the lease before you evict him varies according to state law. In New York it is hard to evict a tenant. As a result, some landlords simply abandoned their buildings. In other states it is easy to change the locks and throw the tenants furniture on the sidewalk. You will need to check your state's law.
Your rights to not pay rent?
You can certainly move out. * None. The owner of the property can rent/lease on their own terms. The only exception being that they do not violate a person's civil rights by using blatant discrimination tactics.
How long will it take to bring past due rent current making payments every three weeks with a recurring rent fee due the first of each month?
This depends on several factors, foremost, how much the payment will be when it's made. In most states the rent is paid one month in advance, so whenever you pay the rent, it's for the following month, thus your rent will always be correct. Any arrears becomes credited that is granted by your landlord to continue to live in your dwelling. This is why landlords usually cannot evict the tenant for nonpayment of rent if they continue to accept money from the tenant.
What actions must be taken for an eviction?
According to the Relocation, Foreclosure and Eviction page on HUD's website: You should contact a local legal assistance provider for advice. More advice from FAQ Farmers: * Having been in the eviction business for 30 years now helping landlords evict tenants who refuse to pay has taught me one thing I would like to pass on to tenants; first, don't ignore the notice. If it is for non-payment of rent, figure out how you can pay and immediately contact your landlord to make arrangements to pay the rent. If the notice does not state a reason, then you should still contact your landlord and ask why you were given the notice. Landlords do NOT arbitrarily give eviction notices out. Most all have a legitimate reason (and you as the tenant probably know or have a good hunch why). Sometimes you can negotiate with the landlord and he will withdraw the eviction notice. However, if the tenant has caused too many problems and they are good reasons (not improper ones) for eviction, the tenant needs to immediately start looking for another place to live. Sure you can contact legal aid, but you must qualify (most tenants don't), or you could pay a small fee to a local attorney for some legal advice. The bottom line is that the landlord owns the rental and can ask a tenant to vacate as long as he is in compliance with state and any local (city) laws. Additionally, it is important to keep your landlord as an ally; you probably need him to give you a reference for your next landlord.
Can landlord evict for confronting about forecloser?
No. You have the right to ask questions about this matter as every tenant who faces the uncertainty of his landlord being under foreclosure. But remember: as long as the landlord has control of the property he can still collect rent from you and evict you if you don't pay it.
If a tenant lives in a property where a landlord has a bankruptcy and does not reaffirm the loan what happens?
As long as the landlord still has control over the property he has the right to collect rent on it and evict non-paying tenants.
If a co-tenant does not pay the rent on an apartment can the other tenant evict him?
When more than one person signed the lease each is responsible for the full amount of the rent if the other refuses to pay their share. The ability to evict the co-tenant who won't pay their share varies under different jurisdictions. In some cases only the landlord can evict a tenant. You should contact a landlord-tenant agency in your area or an attorney who specializes in tenant issues.
Can a landlord evict a tenant for late fees and how long do they have?
That would depend on the Laws of your country. As you have not told us this we can not give you a precise answer. If you need a precise answer relating to your circumstances then you should speak to a solicitor/attorney.
Do you have to pay rent to a landlord who's property is in default?
Yes, you have to pay rent to a landlord whose property is in default. As long as the landlord still has control over the property he can still collect rent from you and evict you if it's not paid. A foreclosure of a home is a matter between the owner of the home and his lender, not the tenant.
How long does it take to evict a private tenant In Miami FL?
Three months
Can a landlord collect rent on bankrupt home when he has not been making payments to bank?
That would be a matter that's between the landlord and the lender or bankruptcy trustee, not the tenant. As long as the landlord has control of the property he still has the right to collect rent and evict you if the rent isn't paid. If the property is taken over by a new entity, that entity becomes your landlord and they will give you further instructions.
Can a landlord evict someone if they did not sign the rental agreement?
Yes and no. If a lease is not signed, then the tenancy is considered a month-to-month tenancy, which could be terminated at any time, given proper notice, if both parties agree to this.
Can landlord change locks on commercial building in Florida?
If the space is being leased and the tenant is current they really have no business doing so. They have the right to, but as long as they give the tenant a copy of the key they can do what they want. It is their property.
Why does a lease gives both the tenant and the landlord security?
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
How long does a tenant have to remove property after breaking lease in NJ?
In most states, when a tenant has been lawfully evicted, the landlord has the right to remove the personal belongings of the former tenant from the rental property. Each state, however, has laws regarding what the landlord must do with that property after removing it. Some states require the landlord to keep belongings in storage for 30 days prior to disposing it - in this case the landlord has the right to collect the storage fees from the tenant before releasing the belongings - while other states, such as Florida, permit the landlord to dispose of the belongings as the landlord sees fit. In South Carolina, the landlord has to remove all property and place it on the curbside, where the tenant has 48 hours to retrieve them or they will be disposed of.
How long does it take to evict a tenant in Missouri after a suit has been filed?
A tenant has until: 1. The time frame listed on the eviction notice that one must move or face eviction proceedings; or 2. at the eviction hearing, the time the judge will order the defendant to move out by or face removal by the sheriff's department or constable. Remember: an eviction is not the process of being kicked out of your home (this is actually called a termination of tenancy/lease), but rather, a court hearing the landlord initiates to get you forced to move out.
