For Landlords:

How long will it take to evict my tenant?

The answer to this question is dependent upon how vigorously the tenant opposes the eviction and whether all forms and notices have been correctly prepared, served and answered. Normally, an uncontested eviction takes approximately three weeks including the Sheriff’s schedule but excluding any extraordinary measures taken by the tenant with the court such as a request for a stay of execution. If the tenant or anyone else claiming the right to possess the property formally opposes the eviction the time could be increased by two more weeks. Certain types of motions are available to all defendants and if exercised might delay the process further.

Are my attorney’s fees and costs of suit included in the judgment?

If your written rental agreement or lease provides for attorney’s fees to be awarded the prevailing party the judge will usually award reasonable attorney’s fees against the defendant. All allowable court costs are included in the judgment at the time of trial or request for default judgment.

If I make an error in my papers which I have already served on the tenant can they be corrected?

Whether your filings may be corrected depends upon the nature of the error. There are too many permutations of errors which could arise in an unlawful detainer action to go into each but if the error occurred in the earliest papers in the case, the Notice served on the tenant, it may well be impossible to correct and the entire process must be repeated. This is one of the reasons you should consult an experienced landlord/tenant attorney at the earliest time.

What if I do not know the name of the individual who is living in my property?

Although this is important  information for any eviction in many cases there are legal steps which may be taken which can solve the problem of the “legacy” tenancy in which your original tenants may have turned the property over to someone not known to you and without your permission.

Am I responsible for contacting the Sheriff and making arrangements for the physical eviction?

Not under our agreement with you. We will handle all of the details, instructions and payments to the Sheriff’s office to effect the physical eviction of the tenant. You or your representative must be present at the time of the eviction however in order to formally receive possession of the property. You will be expected to re-key or change the locks to the property at the time of the eviction and, if you are unable to do so yourself, should have a locksmith on hand to secure the property from reentry by the tenant and for the security of the property and subsequent tenants.

What if the tenant leaves belongings on the premises after the eviction?

Depending on the amount and value of the tenant’s property left behind you may be able to simply throw it away after a certain period of time passes. There are also statutory procedures which must be followed if you wish to lessen your exposure for liability for the damage or loss of the tenant’s belongings left behind. Again, this largely depends upon the value and extent of the property left behind.

Will I be able to collect payment if I obtain a monetary judgment against the tenants?

This too depends upon the circumstances giving rise to the eviction. No responsible lawyer can predict with certainty whether the tenants have the assets to pay the judgment. Each case is different as is each defendant. A monetary judgment is good for 10 years and may be renewed during that period for another ten years if the proper application is made. Usually, the main objective of most landlords is to recover the property so that a new paying tenant can move in.

For Tenants:

Can my landlord simply change the locks on my rental property if I fail to pay my rent?

No. Your landlord cannot interfere with your possession of the property until a proper notice stating the grounds for your eviction is served on you. There are substantial statutory fines associated with such self-help by the landlord.

When I receive my notice how long do I have to respond?

It depends upon the reason for the notice. If your notice is demanding rent you must comply with the payment demand in full within 3 days after service of the notice. If your notice is simply notifying you that you must move based upon a month-to-month lease you will have 30 days within which to move.

If I fail to comply with the notice served on me what happens next?

The landlord may take legal action against you at the expiration of the notice period if you fail to comply with the demand of a properly worded and properly served notice. Once you receive a copy of the Summons and Complaint for the eviction action (also know as an Unlawful Detainer) you will have from five to fifteen days to file a written response in court to the legal papers. This is called your Answer. If the legal papers were given to you personally or to someone who lives at your address and then you receive a copy by mail, you must file your Answer or other challenge to the lawsuit within 5 days, not counting weekends or legal holidays.

If I do not file a written Answer in Court within the proper time what can happen?

Failure to respond to the Summons and Complaint can result in a judgment taken against you by default. This judgment may be for just possession of the property or for monetary recovery against you, or both. If a default judgment is entered against you, you may not have an opportunity to tell your side of the story or raise any defenses you may have to the landlord’s eviction action.

Do I have a right to contest the lawsuit by the landlord?

Yes. You may have one or more reasons why you are legally entitled to withhold rent or to refuse to move from the property. This is an area in which you should get the help of a qualified attorney as soon as possible since time is always short in eviction actions. If you wait too long you may lose valid defenses to the eviction.

If I win the case can I recover my attorney’s fees and costs that I pay to defend myself?

If your rental agreement or lease has a provision in it for payment of such costs and attorney’s fees you are entitled to recover reasonable fees and costs of suit against the landlord. In some cases statutory law allows you to recover attorney’s fees and costs if you win the case