anyone know how to file eviction for someone who refuses to pay rent?
594707
Ignore those first two comments.  Those people don't know what they're talking about.  I don't know what the laws are in your state but I have a general idea.  I am a California lawyer who practices landlord/tenant law.  While the laws in your state will be somewhat different, the general thrust of the laws will more than likely be the same.\n\nFirst of all, DO NOT change the locks.  Self-help is more than likely not allowed in your state.  I can't imagine a single state that would allow that remedy.  If you go that route, you're looking at getting your butt sued.\n\nSecond, don't bother with the county prosecutor.  The prosecutor or District Attorney only cares about criminal acts.  Yours is a civil dispute.\n\nCheck out the website for your local county court.  Many counties have self-help sections for landlords.  Or, go to the county court clerk's office and see if they offer any free legal clinics or any self-help resources for landlords.  Third, go to your local bookstore.  I guarantee that they will have a number of books on how a landlord can evict people in your area.\n\nChances are that the very first thing you need to do is post a notice on your tenant's door to pay rent or quit.  In California, it is a 3 day notice.  \n\nIf you've never done this before, it may be worthwhile to talk to a laywer in your area who specializes in landlord/tenant disputes.  Go to www.martindale.com for a listing of landlord/tenant attorneys in your area.  If you move quickly, you can get your tenant evicted in 30 days or less.  \n\nGood luck.
17431
You don't always have to go to a low-rent, not-so-good area to get an apartment with an eviction on your credit. \n\nYou can get apartments in reputable apartment complexes however they will normally charge you a higher deposit and may make you give them first, last and the deposit.\n\nBe up front about it with a rental agent and/or homeowner.  They'll be more likely to give you a break then if they find out about another way.
872969
hey, \n\nWhat I would do is #1 tell your lanlord that if he doesnt stop threatening your family members then you are going to file a report to the police. #2 Ask them if you are paying the rent at all. Then if they answer Yes then ask them if they would rather you pay the rent late or not pay the rent at all.\n\nI am sorry for your problems but I cant help you other than this suggestion. \nI hope every thing ends up ok
548593
Start creating some paper.  Send her a letter informing her that you need access to show the premises.  When she refuses, send her another letter stating that you have requested access to show the premises, as provided in the lease, and that she has refused.  Keep doing this.  After the lease has ended and she has moved out, if you aren't able to re-rent right away then withhold a month's rent from her deposit.  If/when she tries to sue you for it you can show the judge the copies of the letters proving that she was in violation of the lease and prevented you from re-renting the property.
513019
You should contact your state or local landlord-tenant affairs office or state attorney general for information on your state's laws.  If you were served with a court document, which it sounds like you were, it will probably have a court date on it; and if you don't go to court on that day to oppose the case, the judge will automatically grant judgment to the landlord.  (On the other hand you may have been served with a 30 day warning notice, but if you got a summons, that means "be in court".)  In most states, as long as you bring the rent up to date, with late fees, as of the day of the court hearing, you can stay.  Be sure you get a receipt if you pay.  If you pay, you should call a day or two before trial to find out if the landlord has dismissed his case.  If he hasn't, you should seriously consider either going to court.
1072632
Who is named on the lease?  Are you?  If so they are illegally in your house.  They are also currently in possesion of stolen property.  A landlord can NOT change the locks with out an eviction order.  Even if you have failed to pay, they must obtain an eviction order before they can prevent you from entering.  \n\nIf you are not listed on the lease, then you have no rights to be in the house.  You do however have the right to your property back.  If they refuse you'll need to call the police over.  They would then be in possesion of stolen property if they refuse to allow you to take your belongings.
878302
You shouldn't have agreed to pay for that in the first place.  My roommate broke my refrigerator trying to smash ice out of the freezer with a screwdriver and my landlord replaced it.  \n\nI've been in the same apartment for 9 years and had to deal with a landlord that's been nothing but an evil shrew.  They usually will try to get out of paying for anything even if they are legally obligated to do so.  This woman should not have the legal right to evict you unless it is stated in the lease that you must pay for all repairs and damages and provide the money by a certain date.  If it hasn't been fixed yet then she has even less of an excuse for acting this way.  This could be considered harassment.  \n\nCheck your lease.  If there is nothing in there that applies to this situation then IGNORE HER.  Most people never want to speak to their landlord anyway.  If you find that you are not legally obligated to pay for this then perhaps you should remind her of that.  Tho it may just make the situation worse.  The easiest thing to do is just pay her the money when you have it and try not to get yourself in this situation again.\n\n*After reading your additional details, your situation is a little worse than I thought.  It still depends where you live.  As far as I know, a "month-to-month" tenant can be evicted for any reason provided they are given a 30 day notice (NYC law is different).  Tenents that pay cash should always be given a rent reciept and hopefully you have kept them.  You may need them if this gets ugly.   If this woman is angry enough, it looks like she can evict you over it.  Even if you work it out, you should consider looking for another place anyway.
340888
I would hire an attorney to handle filing a Summons and Complaint.  It will require they come to court.  They can be given the option of paying or getting out.  If the court grants the eviction, and they do not move, the police or sheriff shows up and removes their belongings.  You need to take the proper steps to get this resolved.  If not, by the time you do, the court won't take it all that seriously since you've been allowing it to happen.
954404
AFTER you start the legal clock - by giving your Tenant a 3 or 5 Day Notice to Quit or Pay rent.....you then can get the ball rolling (very quickly) for an eviction hearing.....Once you receive a Judgment.....includes amounts due plus court costs......Make sure you provide the court the tenant's social security number....\n\nTake the original Judgment to your County Recorder's Office....Once recorded, the next time a credit bureau does a hard pull, your judgment will be added as a creditor to their credit report.\n\nDepending on your state, you can then send a demand letter for full payment of the judgment and when they don't pay, you get to garnish their wages!!!!! some states prohibit this, others allow it.\n\ngoogle your state and landlord/tenant laws.
242098
I am not in NY but the standard movement to take is to go to the magistrates off and request a petition of removal.  this typically can be acquired and a 7 day removal notice will be placed.  Legal action can take more time, depends upon how much the person knows that lives in the home.  You can place also a legal 30 eviction notice through the courts and charge them rent.
432034
Technically, yes.  But if you needed a few additional days... what are they going to do... evict you.\n\nIf you needed to stay until May 10th, I'd tell them on the 3rd that you will be there till the 10th and pay them a few extra dollars rent (per diem).\n\nThere really is nothing that they can do.  Even if they were to file for an eviction for a holdover lease, the court date would be after a little time.  Even if you went to court and were evicted, you'd still have a few days to vacate.\n\nHope this helps.
1172146
That depends on state and county. You need a lawyer. Next time don't rent without having a lawyer draft you a lease agreement and getting the tenant to sign it.
564762
Reasons for Eviction\n1. Non-Payment of Rent\nAfter you miss a rent payment, your landlord must give you notice and wait three days, not counting Saturday, Sunday or legal holidays, before he can evict. He must mail or give this notice to you, or leave it at your residence, and it must specify the amount due and the deadline for payment. \n\nIf you pay rent within the three day limit, then your landlord must drop the eviction proceedings. If your landlord accepts rent from you even after the three days, then he gives up his right to evict or end the agreement during that rent period. (F.S. 83.56(3),(45)) \n\n2. Violating the Rules\nThis means violating either your lease agreement or the Landlord-Tenant Act. \n\nThe Act divides tenant breaches into two categories, curable and noncurable. (Curable means that the tenant gets a chance to solve the problem.) \n\nCurable noncompliances include: unauthorized pets, unauthorized guests, and not keeping the dwelling sanitary. \n\nIn the case of a curable condition, your landlord must give you seven days in which to fix it. However, if you commit the same noncompliance again within twelve months, your landlord may then evict you without another chance to cure. \n\nIn this situation, your landlord must leave you a notice specifying the noncompliance and explaining that unless you take care of it within seven days the lease will end. (F.S. 83.56(2b)) \n\nNoncurable noncompliances include: Intentional misuse of the landlord's or other tenants' property, and repeated unreasonable disturbances. In these cases, your landlord just has to leave you a note containing the seven-day notice and specifying the problem. (F.S. 83.56(2a)) \n\n3. Abandonment\nA third legal justification for eviction occurs when the tenant leaves the dwelling for more than one half of a rental period without paying rent or giving his landlord written notice that he would be gone. (F.S. 83.59(3)(c)) \n\n\nTenant's Defenses\nIf these apply, you can use them to defend yourself against an eviction: \n\n1. Improper notice: If your landlord didn't give you three days notice before evicting you for not paying rent. (F.S. 83.56(3)) \n\n2. Acceptance of rent payment: If your landlord accepted rent from you while knowing that you were in noncompliance with the lease agreement. By doing that he gave up his right to evict you during that rent period. The same is true if a tenant pays rent with actual knowledge of a landlord's noncompliance. (F.S. 83.56(5)) \n\n3. Breach by landlord: If you can show the court that your landlord breached (F.S. 83.51(1)), (see chapter 4) and that you gave him seven days notice about it, then you will not owe the rent. However, you will still have to pay that rent to the court during any legal proceedings. \n\n4. Retaliation: Your landlord may not evict you as a retaliation for organizing tenants or filing legitimate complaints. However, just because you filed complaints doesn't mean that he can't evict you. You have to prove that he evicted you for complaining. (Your landlord also can't penalize you in other ways for being a squeaky wheel. He can't raise your rent, make unreasonable requests to inspect your place, or in any other way treat you differently from other tenants.) (F.S. 83.64) \n\n5. No noncompliance: If you go to court and prove that you did not commit the alleged noncompliance, then your landlord cannot evict. \n\n\nEviction Proceedings\nFlorida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place. (F.S. 83.59) \n\nThis is what happens during an eviction: \n\n1. Tenant's notice of problem: In order to be able to defend yourself, you must already have given your landlord a notice saying you i
965601
give them an eviction notice and tell them u will burn it if they pay what they owe with interest. if nothing happens evict them
577642
Offer to pay them their security deposit and not report an eviction on their credit. They will be able to get other housing, and you will get rid of them. Let them know how hard it will be to find housing with an eviction on their record.\n\nI know that paying them the security deposit will be hard, but it will be cheaper than getting a lawyer to evict them, and waiting for the entire court process to run its course. You will have paying tenants faster.
717445
Yes, you can evict.  The other party clearly is not keeping his part of the contract, and so you can exercise your rights and evict.  Start this process immediately.  Get a sheriff's department to deliver the eviction notice, do everything by the law.\n\nFirst, go take a bunch of pictures of the property to show in court, if necessary.  Good luck, and get rid of these losers who are destroying you financially!  Not to mention your reputation.
746312
there was a documentry about this not long ago, and this guy has basically been squatting in this guys house for 10 years, the bloke has tried to take him to court but because the man pays (every now and then ) some of the rent they cannot have him removed by bailffs (they are trying to change this though) ... so you need to be careful ... talk to citizens advice and see where you stand, maybe accepting half payments will go against you evicting them, but the citizens advice and council will be able to tell you your rights ... if you do take them to court to get them removed it is a lengthy process, so it might be best to try and resolve it in a way to suit you both.\n\nGood luck on this one, it's a toughy