Eviction

It’s best to seek the immediate advice of counsel on eviction matters.

So what happens if you’re a residential landlord, and the tenant isn’t paying the rent? So, you post a 7-day notice, and when the tenant still doesn’t pay, you know it’s time to file an eviction action. What are your options?

Do it yourself. Although some landlords can fill out the initial paperwork (Summons and Complaint) correctly, most become quickly overwhelmed if the tenant files an answer and raises affirmative defenses to the complaint. This is not recommended. Further, if the landlord is an LLC or Corporation, it must hire an attorney to represent its interests in court.

The best solution is to hire an attorney experienced in landlord-tenant matters. Each and every day a tenant occupies your property without paying the rent, you are losing money. The cost to hire an attorney is usually less than the cost of having a non-paying tenant prevent you from getting a paying tenant in there. There are times to save money, but an eviction action is the time to do it right the first time.

If the landlord does everything right, the residential eviction process usually works like this:

As you can see from the above example, the eviction process can be simple or complex, depending on the tenant actions. Although commercial evictions have slightly more simplified procedures, they too can be daunting. If a tenant files bankruptcy, an automatic stay goes into effect, requiring the landlord to seek relief from the stay in federal bankruptcy court. Considering the possibilities, it’s best to seek the immediate advice of counsel on eviction matters.

Additionally, we represent residential landlords, tenants, as well as commercial landlords, and small business commercial tenants. If you have a question or concern about a tenancy that may lead to an eviction, please contact our office for an initial no cost consultation.

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