Court action process to get rid of non-paying
YOU NEED to take to court:
Your copy of the 3-5 day [depending on your state]
"pay or quit" notice you delivered to the tenants. Sent certified.
when you get to court, you seek an Unlawful DETAINER action;
you need to show the amount of rent, and proof that you have a tenant
who has not paid.
IF the tenant chooses to show up at the court hearing, the judge will listen to the tenant explain why they have not paid, and if they have extenuating circumstances.
if no special agreement is arrived at between the court and the
tenant [only if they show up at court]
you get a judgment. [rent due and costs]
at this time, the tenants have 10 days to exit; not more time to pay
If in 10 the tenant has NOT left, you must return to court
and seek a WRIT OF RESTITUTION.
You take that writ to the sheriff's office,
pay the sheriff a SERVICE fee and wait 1-5 days
for that service. When the sheriff arrives, you must have a locksmith
so that you can have the lock changed.
the sheriff will knock on the door and if no answer, the
sheriff will take your key and open the door.
if no tenant; you must remove all the belongings and
store them safely for 30 days. [after 30 days, the belongings
then, the unit is yours to re-lease.
if the tenant[s] is still there, the sheriff will give them about 30 min
to exit with all their belongings.
the sheriff will stay there till they leave--or he might
leave and return........