After the notice period has lapsed (without any action taken by the tenant), the landlord can file the eviction lawsuit in court. The landlord will file the Petition by Owner for Restitution document with the courts.
When the Petition is filed, the clerk will give the landlord a service packet.
The service packet contains:
Summons
Petition
Answer to Petition (blank}
The tenant must be served the service packet at least seven days before the date of the trial. The landlord cannot serve the packet personally, it must be served by a third party (such as the sheriff’s office, or a private process server).
After the packet has been served, the person who served it must fill out the “return of service” section on the back of the summons. The landlord is required to file the return of service before the trial date. The tenant has until the day of the trial/hearing to file an Answer to Petition.
If a judgment is made in favor of the landlord (otherwise known as a “judgment for restitution”), an eviction date will be set by the judge. The date of eviction is typically three to seven days after the judgment has been issued.
If the tenant does not move out by the eviction date, the landlord can request that a “Writ of Restitution” to be issued. The writ will order the sheriff’s office to oversee the eviction of the tenant.
After the writ has been issued by the clerk, the landlord must deliver it to the sheriff’s office.
SERVING COURT DOCUMENTS
When the landlord files a lawsuit in the courts, the clerk will issue documents to be served to the defendant.
The courts will require the documents to be served by the sheriff or licensed process server. The server will have a certain amount of time to serve the defendant and the deadline is usually 72 hours before the hearing. There are also time restrictions which vary from state to state such as 9:00 a.m. to 9:00 p.m. when the defendant can be served. This prevents the server coming up to the residence at 3:00 a.m.
After serving the needed documents, the server will attach an abode form. This abode will state the time, date, location of service and person accepting service. This document is filled out by the server and attached to the copy of the documents
Non-Payment - 7 days if lease fails to state a
time.
Infractions of the Lease - 14 days
End of Tenancy - Less than one year - 10 days.
Over one year - 30 days.
Evictions-Unlawful Detainer
1) Complaint
2) Summons
3) Writ of Restitution (Possession)
Once the
tenant receives the summons and complaint, they must file an answer with the
court within 7 days of receiving the summons for evictions without a money
claim, or within 14 days for evictions with a money claim. Otherwise, the court
may automatically rule in the landlord’s favor.
An “answer”
is simply a written document explaining why the tenant believes they shouldn’t
be evicted and can be mailed to the court. It should also be mailed to the
landlord or the landlord’s attorney. If the tenant violates a health, building,
safety, or housing code. In these instances, the landlord is required to
provide the tenant with a 7-day notice to comply giving the tenant 7-days to
correct the issue.
Material health/safety violations could
include letting trash pile up inside the rental unit, providing a harbor for
rodents or bugs, or even things like damaging the electrical wiring in the
rental unit.
If the tenant remains on the property after
the notice period expires without correcting the violation, the landlord may
proceed with the eviction process.
The tenant who is involved
in illegal drug activity, criminal assault, or illegal firearm activity must be
given a 7-day notice to quit before the landlord can proceed with an eviction
action.
Tenants involved in illegal
activity don’t have the option to stay in the rental unit, even if they correct
the violation.
A) Non-Payment
of Rent: In Illinois, the landlord must personally serve a five (5) day
notice to the tenant. The tenant has 5 days to pay the rent before the landlord
can proceed to the Eviction Process
.
B) Breaking
of Lease: A ten (10) day notice is personally served when a tenant breaks a
rule and regulation in the rental agreement.
C) End of
Tenancy: In Illinois, when the landlord wants to end a month to month
tenancy, a 30- day notice must be personally served to the tenant prior to due
date
The landlord will proceed to
the courthouse to file an Eviction after serving one of the three notices: non-payment of
rent, breaking of lease or failure
to move to end a tenancy.
The clerk will issue
Complaint
Summons
Order for Possession
The Complaint is notifying the tenant of
the alleged amount the landlord is seeking.
The Summons will have the time and place of the Eviction court hearing.
Order for Possession will be kept in your possession until court.
AFFIDAVIT OF NON-MILITARY SERVICE
With any default judgment granted in the Forcible Detainer or Small Claims Court, the
judge will request an Affidavit of Military Service. Also, when a Bench Warrant is issued in
the Debtors Examination, an Affidavit of Military Service is needed.
ERRORS IN THE COURT
HEARING
1) Not
picking up proof of services before court date.
2) Adding utilities and damages to the amount being sought
3) Talking to the tenant in the hallway prior to
the judge’s decision.
4) Surrendering a money judgment just to get their place back
This is a document that is needed when the plaintiff is seeking possession and judgment.
If the defendant fails
to appear after being served of the court proceedings, the judge will need this document to be filled out in order
to award judgment and possession.
Florida Eviction Process
Non-Payment -3 business days
Infractions of the Lease-7 days
End of Tenancy -One year 60 days month to month 15 days
Evictions-Court 1 (Possession) Court 2 (Possession and rent due)
1) Complaint for Removal
2) 5 Day Summons
3) Writ of Possession
Non-Payment: When rent is past due, the landlord must serve a 3-day notice personally. The tenant has 3-business days to pay the rent.
Breaking of Lease: When the tenant breaches the rental agreement, the landlord must serve a 7-day notice personally. If the tenant fails to correct the problem within 7-business days, the landlord can proceed to the eviction process.
End of Tenancy: The landlord must serve a 60-day notice prior to due date, if the tenancy is for a year. If the lease is 3 months, a 30-day notice is required. If it is a month to month, a 15-day notice is required.
The Statement of Responsibility form is explaining the responsibility of the landlord under the Landlord and
Tenant Law of Florida Chapter 83 Florida Statutes.
The Notice of Permanent Mailing Address form is used by
the clerk of courts to verify the plaintiff’s address for correspondence.
The Complaint for Eviction and Evictions Summons will be served by the sheriff to the tenant.
There is a Complaint for an Eviction other than rent, Complaint for Eviction (7-Day Notice), (15-Day Notice),
Complaint for Eviction - Holdover Tenant.
When the tenant gets served the Complaint and Summons, they must deposit the rent that the landlord alleges
into the court registry to participate in the court proceedings.
If the tenant fails to deposit funds in the court registry, the landlord can file a Motion for Default Final Judgment - Damages with the clerk.
If the tenant deposits
the funds in the court registry and appears at the court proceedings, a Final Judgement Eviction document must
be submitted to the judge.
The landlord must file an Information Sheet and Writ of Possession document to the
clerk. These two documents will be forwarded to the sheriff ordering the removal of the tenant.
The landlord
and tenant can come to an agreement to avoid the eviction. A stipulation form is used with the landlord and the
tenant signing the agreement.
If the tenant fails to pay the agreed amount set forth, the landlord must file an
Affidavit of Non-Compliance. This document states that an agreement had been made and tenant failed to pay. The
landlord is motioning to obtain the judgment and regain possession of rental property.
Judgment Lien Certificate:
After a judgment is awarded in the Eviction or Small Claims Court, the plaintiff should file a Judgment Lien
Certificate with the clerk. The Judgment Lien Certificate should be filed in the county the defendant resides.
TIPS FOR RETREIVING YOUR RENT
1. We show
the tenant the quit or pay notice at lease signing. Explaining that if we don’t
get all the rent within the time frame stated, we will obtain an eviction to
seek relief for rent due and possession.
2. On the
rental application, be sure to have a middle initial, birth date, social
security number, closest of relatives, preparing yourself with information for
the post-judgment proceedings.
3 When the tenant
calls regarding the quit or pay notice, ask if they can pay the rent past
the time allotted on the notice, make them commit to a time when all the rent
will be received with the late fee.
4.
Stress at the move-in that the rent is the number one bill. The rent should be paid
before paying the cable, cell phone bills, or eating out at restaurants. We
want our money.
5) Don’t be afraid to say, “If the rent is past due, I want the late
fee”. We stress that when we pay our bills late and pay the fee.
6) Obtain all your security deposit before move-in. The first money you
collect is for the security deposit.
7) Naturally, in a perfect business relationship between landlord and
tenant, the tenant has the first and last month’s rent and all the security
deposit. But we find we are dealing with clients that live week to week. Try to
get as much of this before move-in as you can. First money you collect is for
the security deposit then when that is paid the next is towards the first
month’s rent.
8) Remember that this is business. Don’t take remarks seriously. Business
is tough. Respect it. It is not supposed to be warm and fuzzy.
9) Avoid verbal confrontations, stick to serving the notices, obtaining
court proceedings and post judgments. Why fan the fire? Let’s face it. Actions
speak louder than words!
10) Never rent to family or friends. This is a good way to end a
relationship and if we have to evict, the once good situation, becomes very
ugly.
1. We show the tenant the quit or pay notice at lease signing. Explaining that if we don’t get all the rent within the time frame stated, we will obtain an eviction to seek relief for rent due and possession.
2. On the rental application, be sure to have a middle initial, birth date, social security number, closest of relatives, preparing yourself with information for the post-judgment proceedings.
3 When the tenant calls regarding the quit or pay notice, and ask if they can pay the rent past the time allotted on the notice, make them commit to a time when all the rent will be received with the late fee.
4. Stress at the move-in that the rent is the number one bill. The rent should be paid before paying the cable, cell phone bills, or eating out at restaurants. We want our money.
5) Don’t be afraid to say, “If the rent is past due, I want the late fee”. We stress that when we pay our bills late and pay the fee.
6) Obtain all your security deposit before move-in. The first money you collect is for the security deposit.
7) Naturally, in a perfect business relationship between landlord and tenant, the tenant has the first and last month’s rent and all the security deposit. But we find we are dealing with clients that live week to week. Try to get as much of this before move-in as you can. First money you collect is for the security deposit then when that is paid the next is towards the first month’s rent.
8) Remember that this is business. Don’t take remarks serious. Business is tough. Respect it. It is not supposed to be warm and fuzzy.
9) Avoid verbal confrontations, stick to serving the notices, obtaining court proceedings and post judgments. Why fan the fire? Let’s face it. Actions speak louder than words!
10) Never rent to family or friends. This is a good way to end a relationship and if we have to evict, the once good situation, becomes very ugly.
