Squatters

squatters

Squatters are a new trend where people move into a new house and do not pay rent for several months and then simply leave. The best way to protect against this is to do a background check. But if you still get into this pickle then here is how to have them out in 20 days.

The process can take as little as 20 days, if the process is started right away. Here is the general process (each State/County/Province may vary):

1. Serve Tenant a 3 to 5 day “Notice to Pay or Quit”. I also include a stern Eviction Consequences Letter outlining the costs that they may incur as a result.
2. If not remedied, file a “Application for Eviction” in your local county court system. There is a cost to this step but it’s cheaper than continuing to lose rent.
3. Have it served by a Process Server or someone other than the Landlord or someone under the Landlord’s employment.
4. A “Return of Service” is completed and returned by the Summons Server. A court date is set 7 to 10 days later.
5. If the tenant wants to fight the action, they will be required to file an “Answer” or “Appearance” before the court date.
6. On the court date, the Judge will decide the outcome and if you are awarded a “Judgement for Restitution”, the Judge will set an eviction date 3 to 7 days hence.
7. If the tenant has not removed themselves, you can file a “Writ of Restitution” with the local Sheriff’s Office whom will remove the tenant.

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