Posted by Bradford Miller Law, P.C. - experienced in real estate law, landlord tenant law and estate planning. Visit us online at http://www.bradfordmillerlaw.com/.
Eviction cases are very, very technical. Everything has to be done right or it could mean starting the process all over again. One common mistake that is seen over and over again is filing the eviction action too early.
Before an action is brought to court, proper notice must be served on the tenant. Depending on the reason for eviction, there are different time requirements. For non-payment of rent, it is a 5-day notice. There are many requirements that the 5-day notice must have however, including an affidavit of service. If you are a landlord, you should consult with an Attorney BEFORE serving a 5-day notice or any other type of notice.
Only AFTER the expiration of the 5-day notice can a landlord file it in court. Again, landlords should consult with an Attorney because if something is not done properly, the process will start all over again.
Even if the notice is done properly and you file the case in court, tenants may appear in court and claim that they never received the notice. Because of this, its a good idea for the landlord to write down details of when they served the notice - who, what, where and when. Bringing a friend with you to serve the notice is also a good idea since that friend can act as a witness in court.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
