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Evicting the Tenant

Although it is unpleasant, you must evict non-paying tenants – or else lose money…

Once you have given proper notice to your tenant to vacate, the process for having them removed from your property is pretty straight-forward:

Step One:  Make out the complaint.

Go to your local Small Claims Court (also known as the Justice of the Peace) and obtain a form for eviction.

Step Two: Complete the form.

Step Three: Pay the fee.

The cost is usually about $90 and includes the cost of the constable delivering the complaint to the tenant.

Step Four: The court sets a date for the hearing.

You cannot do this. You must wait on the court to send you a notice stating the date and time for the hearing. Often the hearing will be set while you wait, but do not expect this. The hearing will be within about 10 days from the date you file the complaint.

Step Five: Attend the hearing.

Take whatever bookkeeping items are necessary to show you were not paid. Take your lease. Tell the judge the tenant has not paid. If you can prove your case the judge will issue a judgment of possession.

Step Six: Obtain writ of possession.

It is that easy.  Unless the tenant appeals. Then you better call us.

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