When and how to evict your tenant
The most common problem to real estate property owners, who give out their properties for rent, is their tenants. Most tenants have the tendency to continue their stay even after the end of term of lease, or do not pay the monthly rent or sometimes even violate the terms and conditions stated in the rental agreement. In these cases, the owners have no other option but to file a case for eviction against his tenant.
How and when to do eviction
You can evict your tenant from your real estate property for the reasons mentioned below:
- Nonpayment of rent: If your tenant has not paid you rent, you can issue a 5-day notice of eviction. The notice should be sent with certificate of mailing by the County Sheriff’s Department. If the tenant does not pay within 5 days after receiving this notice, you can proceed to take legal action against him.
- Unlawful possession of property: If the tenant takes unlawful possession of your property when there is no rental agreement, you have to give a 7-10 days notice to him to vacate the property. If the tenant is paying rent weekly, a 7-day notice has to be given and if the rent is paid monthly, then a 15-day notice should be given. After the end of the notice period, you can file a case against him with the Clerk and Comptroller, in the General District Court.
As soon as you file a case against your tenant, your tenant will be served a notice to appear before the court, generally after 10-20 days. If he fails to appear, automatically a default judgment will be issued against him and he will have to evict the real estate property within 72 hours.