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How long does it take to evict a tenant in Missouri after a suit has been filed?
Wiki User
∙ 11y ago
A tenant has until:
1. The time frame listed on the eviction notice that one must move or face eviction proceedings; or
2. at the eviction hearing, the time the judge will order the defendant to move out by or face removal by the sheriff's department or constable.
Remember: an eviction is not the process of being kicked out of your home (this is actually called a termination of tenancy/lease), but rather, a court hearing the landlord initiates to get you forced to move out.
Wiki User
∙ 12y ago
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How does a landlord evict a tenant that has recently been arrested for drugs in Alameda County California?
You can only evict if their rent is behind or if they have violated any rules signed in your renters contract. If this includes a "no illegal drugs clause" you cannot evict unless they are convicted of possesion. If you evict and they are not charged or found innocent the tenant can turn around and sue. Wait for the DA to file charges and follow up on the result.
Can a condominium association evict a tenant of an owner in Florida?
No, a condominium association in Florida does not have the authority to evict a tenant. This is typically the responsibility of the unit owner. The association can take action against the owner for violations of association rules that may be impacting other residents.
Can a landlord evict a tenant who has just given birth due to non payment of rent in Ohio?
yes because u should have been prepared for this because u had nine months to plan 4 this You sound like you are assuming I am the tenant. I am the landlord and would like to know if it is legal for me to evict during any specific time allowance after the tenant has given birth.
Is an eviction process required to evict a non - tenant of a tenant when neither party has a rental agreement in California Both have been in the property for about 1 month?
I'm no lawyer but... A non-tenant is likely considered a guest of the tenant. If they are not welcome, they are a trespasser. The landlord should let the tenant have peaceful enjoyment of the premises. The tenant should be able to call the police and have the non-tenant removed.
Felony can a Florida condo assoc evict you?
The governing documents spell out the violations for which tenants can be evicted. These sets of violations are unique to each condominium association. Usually, the association will only step in to evict if the tenant consistently violates the CC&Rs, By-Laws, house rules or other governing documents, and the owner has been ineffective in 'controlling' the tenant.
Can a life tenant refuse to comply with judge's orders?
No. The other party has a court order on their side. If you have been ordered to move out then the sheriff will have the power to evict you if you violate the court order.
How do you appeal public housing eviction?
A PHA can evict someone under its jurisdiction in the same manner and for the same reasons any landlord can evict his tenant. If you feel that you have been wrongly evicted you can take the matter to court. In the case of a PHA you can file a complaint with HUD if you feel you have been wrongly evicted. Oftentimes an eviction can be resolved by an informal meeting. Under federal guidelines a PHA can evict you in some cases, and must evict you in certain cases. In either case it must be for a reason listed on their policy manual.
How does a landlord evict a tenant in California?
In order for a Landlord to begin the eviction process, California law requires all persons residing in the property be served with a notice. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.Do not every use unlawful methods to vacate the rental premises. If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.
Can you sue a tenant for the remaining rent due on the lease after an eviction judgment has been issued by the court?
Absolutely! Most of the time when you evict a tenant you want to supplement the eviction by a judgment for damages to include, but not limited to, past due rent. A judgment for both eviction and the damages will then be posted on the official records of the clerk's office.
Eviction Rights for Tenants and Landlords?
When it comes to evictions, both landlords and tenants have a specific set of rights. These laws have been put into place to protect both parties in the event that an eviction needs to take place. This article looks briefly at each parties rights in the eviction process.Eviction Rights for TenantsIt’s important to note that eviction rights vary state by state, so tenants facing eviction may want to seek the advice of an attorney to learn about the laws that are specific to their state. For the most part, laws are similar in each state though. First, a landlord must typically have a reason to evict a tenant and the landlord must also give the tenant an opportunity to correct the problem before evicting him. Some common reasons for eviction include nonpayment of rent and violation of the terms of the lease. In both cases, landlords are usually required to give the tenant a certain amount of time to fix the problem before an eviction can take place.Before a landlord can physically evict a tenant, he must properly serve the tenant with a summons and complaint. The tenant than has the right to go to court, at which time a judge will decide whether or not the tenant will be evicted and when. A landlord cannot physically evict a tenant without going to court and even if he receives a judgement in his favor, he can not evict the tenant before the date the judge has specified.Tenants facing eviction may wish to seek the advice of a qualified attorney, especially if they believe the eviction is unlawful or unwarranted.Eviction Rights for LandlordsLandlords have the right to have tenants who pay their rent and abide by the other terms of the lease that they signed. When tenants don’t meet the terms of the lease, a landlord has the right to demand the tenant meet the terms or leave the premise. However, the landlord must take the proper steps when they have to evict a tenant. First, the landlord must, in most cases, provide the tenant notice of his intent to evict if the issue is not resolved within a certain timeframe. This notice is important and a landlord should take care to make sure it is properly written and executed. If the tenant does not fix the issue in a timely manner, a landlord has the right to take him to court to ask a judge to formally evict him from the property. Again, a landlord must take the proper steps to bring a tenant to court, which include filing complaint and making sure the tenant is properly served.If a judgement is brought against the tenant, the landlord has the right to receive the assistance of the sheriff in removing the tenant from the property if the tenant does not leave in the specified amount of time. The landlord also has the right to try to collect remaining monies owed from the tenant after the eviction has taken place.Again, rights for both tenants and landlords vary by state and either party who is part of an eviction proceeding should be sure to check the laws of their state and seek the advice of a qualified attorney when needed.
How do you evict your stepson?
I recommend a two step process.1. Tell him to get out immediately.2. If he doesn't get out immediately, complain to the police. They will assist you.Another View: The age of the stepson is not given. If he is a minor you cannot "throw him out." If he is an adult and has been living in your home long enough to be considered a 'resident,' you will most likely have to comply with the landlord/tenant laws of your jurisdiction in order to evict him.
Is there anything else you need to do if you have a non-paying tenant who has filed chapter 13 and you have filed a small claims case and a motion for relief of stay?
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
