When entering into a lease for an apartment or rental property, you will have to sign documents that bind you to your decision. After signing these documents, it is possible for a number of things to go wrong such as discovery that the property is unsafe for habitation, early move out in violation of the lease or failure to pay rent when it is due.
Eviction- An eviction is an uncomfortable process for any landlord to deal with. Evictions often result when the tenant is still in your house or property, defaulted on their obligations to pay rent or when the tenant has ignored the Notice to Vacate that you have provided. Often, Landlords deal with tenants with drug issues and tenants who depreciate and destroy their homes. When dealing with a disruptive tenant, it is important to have an aggressive lawyer. At Stoner and Davé we offer affordable and
Notice to Vacate- Landlords must give written notice to a tenant to vacate the property. When a written lease has been signed, the lease governs the terms of notice. When a tenant is being evicted for non-payment of rent, unless specified differently in the lease, the landlord must provide ten days written notice. When a tenant is being evicted for termination of the term, or violation of a lease condition, the written notice must be at least fifteen days if the lease is for one year or less; if the lease is for more than a year, a minimum of thirty days written notice must be provided.
Complaint- Once the period of notice expires, an eviction complaint is filed. A date will then be set for trial and both sides are required to appear in court and make their case in front of the judge as to why a ruling should be made in their favor. Before trial, the attorneys at Stoner and Davé find it valuable to negotiate with the other side in order to determine if an agreement can be reached that satisfies the needs of both sides.
The Hearing- When a tenant does not appear at the hearing, the tenant loses by way of default judgment. At the hearing, both sides will enter into mediation in an attempt to negotiate a settlement called Judgments by Agreement, which would be legally binding. These agreements cannot be appealed by either side. It is very important for a Judgment by Agreement to be drafted properly to ensure your rights are protected.
Appeal- The majority of Landlord- Tenant cases are not appealed. The high cost of the appeals process is prohibitive for many tenants. Further, at a higher level it is often more difficult for a tenant to represent themselves. Nonetheless, the attorneys at Stoner and Davé are ready to handle your case if it reaches this point. The attorneys at Stoner and Davé are knowledgeable about the appeals process which includes certain requirements such as the tenant placing all monthly rent into an escrow account.
The Writ of Possession- After a judge has granted possession of the premises back to the landlord, the landlords lawyer must obtain a Writ of Possession. This writ must then be served on the tenant, and the tenant must be notified that an eviction will take place on or after eleven days from receipt of the writ. The earliest a tenant can possible be evicted is twenty-one days from the judgment date.
Eviction- After filing the Writ of Possession, the attorneys at Stoner and Davé file for an Alias Writ. Locks on the property can be changed and the tenant is physically evicted from the property. Thus, the tenant is not allowed to reenter the premises without express permission from the landlord. Once Alias writ is executed, the Landlord has prevailed and the Tenant is no longer allowed in the premises.
If you are a landlord who needs help dealing with difficult tenants, call us today at 412-515-0939 for your free consultation.
