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How long does it take to evict a tenant from a rental home for non payment of rent?
Wiki User
∙ 15y ago
We don't know what state you are in - you could ask again & include the location. Some places give them three days to move. Other places give them 30 days. You can phone your city hall or court house to get information.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoThis can happen relatively quickly.
In South Carolina, if a tenant does not pay his rent on time, the landlord has to give them a five-day notice to pay his rent or to leave. The rent may include any late charges if that's on the lease. If after five days a tenant doesn't pay the landlord can file an eviction, which is often served very quickly. The tenant must then answer the summons with cash or money order in the amount of the rent due, normally within 10 days. If the court has not heard from the defendant in the proper manner prescribed, the landlord and files a default judgment motion to the court, which grants it automatically. At that time the landlord can then have the sheriff or constable serve a 24 hour notice that the tenant must move from the premises or be ejected from the premises (this is called a writ of ejectment, which is signed by the judge/magistrate). The total turnaround time is estimated to be about 20 days from the day the tenant is served first notice.
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Home Rental Agreement?
Get StartedA rental agreement is a written agreement between a Landlord and a Tenant establishing the rights and responsibilities of each party. The Landlord is the owner of real estate (also known as "premises") who rents that property to a Tenant for the Tenant's use. A "home" rental agreement applies to real estate used as a residence, while a "commercial" rental agreement applies to business property. This Standard Home Rental Agreement contains a comprehensive set of provisions and options. A Simple Rental Agreement automatically includes many of the standard Home Rental Agreement provisions that most users would select if given the choice, and therefore is designed for easier use.A written rental agreement should be prepared and signed whenever property is rented to reduce the likelihood of misunderstandings between the Tenant and the Landlord regarding the rental arrangement.
What can cause a person to get evicted by a landlord?
A landlord can evict a tenant for any reason he wants, except reasons that are retaliatory or discriminatory. The reasons can include, but not limit to: Non-payment of rent Property conversion or transfer of ownership Violation of the terms of the lease, serious or repititious (two within the year) Arrest Nuisance to neighbors
How can you take possession of your home if a tenant has no rental agreement and has been told to leave but refuses?
If they're your tenant, then you have a rental agreement. It may not be in writing, but if you gave them keys, and they gave money, that's a rental agreement. Each state has different laws about evicting, but some process is required.
Why is it illegal to forcibly evict someone from their home?
If that individual owns the house and property, then it is Constitutionally illegal. That denies citizens their right to own property, and their right to privacy.Another View: I do not believe the first contributor understood the question.The laws of most (all?) states protect the tenant from predatory actions by the landlord and specify that certain legal steps must be taken before the landloard can evict the tenant.If the petition for eviction is eventually granted but the tenant refuses to vacate the property THEN (usually) the Sheriff's office, or their representatives, will actually come and enforce the court order and forcibly evict the tenant.
How can you get your husband out of your rental home?
Well you could change the lock when he goes out. Legal eviction, just like any other tenant.
When is bank responsible for paying back rent to mobile home park on a repossessed home?
Typically, they are not responsible for back rent. The mortgage contract the tenant has with with the lender is between the tenant and them. The rental contract you have with the tenant is between the tenant and you, and the lender does not enter into this picture. These are two separate transactions.Insofar as any unpaid back lot rent owed by the former tenants before the foreclosure - the lender is not responsible for these and you would have to file a personal lien against the former tenants. However, you MAY have some leverage to hold the mobile home for the payment of "storage fees" incurred since the date the lender foreclosed before you allow the home to leave the park.
What are renter's rights?
The rules vary from state to state, but are all basically the same: generally, a tenant has the right to a peaceful, quiet enjoyment of the property they are renting, without fear of victimization or harassment by either the landlord or other individuals. Furthermore, the tenant has the right to the possession of the rental property as long as the terms of the lease, including payment frequency, are abided by, and may not be removed from their home except by legal means.
What should I know before purchasing properties to be used as home rentals?
Study your state's landlord-tenant laws carefully. If you get bad tenants, you may need to follow strict procedures to evict them from your property.
I'm the owner of a duplex home in Los Angeles.My son recently found out his wife was having a baby. Can I kick of the tenants so that my son and his family can move in?
yes. you can evict a tenant for any reason except the wrong reasons (civil rights issues) such as race, sex, disability, etc. You can evict a tenant just because you feel like it as long as it is not infringing on a protected civil right as mentioned above.
