What can a landlord do if a tenant refuses to leave after an eviction notice?
That depends on what you mean by “eviction notice.”An eviction notice is issued by a court after a legal process in which the landlord has been awarded possession of the premises.The eviction process is handled by a court and, if necessary, by local law enforcement pursuant to a court order. If the tenant refuses to leave after the eviction notice has been served then he or she will be forcibly removed from the premises. There is nothing the landlord needs to do.A landlord cannot issue an eviction notice because only a court has the power to evict someone from their home.But a landlord can issue a “termination notice” or a “notice to vacate” or similar notices to the tenant pursuant to the terms of the lease. If such notices have been properly issued and served, and the tenant refuses to leave, then the landlord must file a dispossession action in the local civil court which, after due process, will result in the court issuing an “eviction notice” as described above.
If you are sentenced to probation in one state but you live in another what can happen if you don't show up?
Over the holiday I was visiting some family and friends in the state I used to live in. While getting a ride home from a party at 3 am the driver swerved over the line and got the car pulled over. No one was drunk but I was arrested for a very small amount of marijuana(I was a passenger and complied fully with whatever the officer told). I went back to that state for my court date and was sentenced to fines and a year of "supervisory treatment". I am now back home in the state which I currently reside(and have lived in for a number of years). I have received a letter from the probation office telling me to report there next week. My problem is that there is no way I can make it there. I am not trying to avoid or outrun the law and I don't want any warrants issued or have the police in my town here looking for me. If i contact the probation officer is it possible that he/she will either transfer my probation to the state I reside or will monitoring by phone or mail suffice?
I received a court letter asking for a 'judgement by default' or 'by admission' order, what does this mean?
"If someone has issued a claim against you through a county court, it's important to act quickly - you have 14 days from receiving the claim to reply. If you don't respond, or leave it too late, a judgment could be made against you. If you ignore a claim, or miss the deadline, the claimant can request judgment against you without your side being heard. This is known as 'judgment by default'. This can result in a judgment order demanding that you pay the money in full (plus costs) immediately. Your credit rating may also be affected." This page is very helpful. :) http://www.nationaldebtline.co.uk/englan...
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
How long does it take to evict a tenant in NJ for non-payment of rent?
I am purchasing a home in Middlesex County, NJ, through a short sale. The bank agreed to the sale, but we cannot close on it due to the fact that the home is currently being occupied by tenants. The home was originally rented in April, 2007, by a woman and her adult daughter, (along with the daughter's 5 small children). Sadly, the daughter died, and now Grandma is attempting to get custody of the kids. Her last rent payment was given to the home-owner in February, and she hasn't paid a dime since. Plus, her lease expired in April, 2008, so she currently doesn't even have a lease agreement. The owner felt bad for the woman due to her situation, and let her non-payment slide up until now (Aug,08). She spoke with the woman several times, and even gave her a written notice to either pay or get out. However, the tenant doesn't seem to think that anyone will force her to leave, being as she now has 5 small children. LL has recently filed for eviction with the courts and is awaiting a court date. My question is: If the judge rules to evict her, which he obviously will, how long will he give the tenants to get out? Will he give her an extension due to the circumstances? Like I said before, it's in our contract that we can't close until she's out, so that it doesn't become our problem. It's just that this short sale is taking so long, and I want to know how much longer it can possibly take. Thanks for any info, advice; I desparately need some input.
Got a arrest warrant in the mail. What to do.?! :( freaking out!?
I got a letter in the mail saying there was an arrest warrant out for my arrest due to an unanswered complaint. I was totally blind sided. When I was the letter I was devastated an u started to cry because I didn't know anything about it. My husband usually is the one to check the mail so I never recieved an court date. My husband was obviously keeping them from me. He finally decided to show me the letter after the warrant came. It says I have to report to pay a bail in te amount of 250. Dollars. Should I go to the court.? Will I get arrested I don't want to get arrested I have four small children. I've never been in trouble with the law. Idk what the arrest warrant is about I'm confused n freaking out
If a police officer uses the wrong name on a ticket, do I have to show up for court, or just let them issue a warrant for a person who does not exist?
No don’t ever let it go to Warrant, you’re just asking for a headache. Go to court and get it dismissed.Say this to the judge. show your ID, that’s not me, “Motion to Dismiss” if he doesn’t say, “Objection for purposes of appeal”.Traffic tickets have a nick name in courts. They are “Strict Liability” Translation: the Citations are strictly interpreted. But they do follow the procedures of Criminal courts.Unlike Criminal courts. There is no “mens Rea” or Actus Rae's. Translation: Intent or mental state or physical state or physical act required. Those are the standards for Felony crimes.So if, he wrote the wrong name, show up and do a motion to dismiss.And if I were you, when you show up, DEMAND, don’t ask, DEMAND a real “judge”. Those wanna-be lawyers are volunteers. If he says it will be a long wait, say that’s fine! I’ll wait. Do not do a trial in front of those “commissioner pro-temps”. They are monkeys.You tell the judge, the REAL JUDGE, “This ticket is Strict Liability, therefore it’s strictly interpreted, It’s “NOT” a misdemeanor and it’s not a Felony. Therefore, any mistake in the citation must be interpreted in my favor, in favor of defendant. That’s me your Honor!”“Your Honor! Do you see my signature at the bottom of the citation??? There is fine print under my signature and it reads, “Signing this is not an admission of Guilt but a Promise to appear?” I kept my part of the bargain and appeared. Thus I don’t have to prove a “Negative”, I do not have to prove a presumption of “not guilty” as it reads right there. That name on the citation is “not me” I do not have to prove anything further, The gov’t does. And the Gov’t witness is this officer he has to prove who that person is. And that person on the citation is not me. Motion to Dismiss.”And if you get nervous, print this out and read it off at Trial. “And you tell this to the Judge this is what my Public Defender said to read to the court. Motion to Dismiss for lack of evidence to prosecute!”Good Luck! Luck has nothing to do with it, It’s all skill :-)
How long till they can evict you for not paying rent?
The landlord has the right to serve the notice to quit as soon as the rent is past due. As you said, her lease has expired and she is on month-to-month, so there is no ten days of grace. Immediately upon giving the notice to quit, the landlord can file the dispossessory action. Once the summons is served, the tenant has to file an answer within seven days, otherwise it's a default and the court enters judgment of possession. Execution of the judgment is stayed for ten days, after which the Sheriff can take the writ of possession and conduct the dispossess. So you're looking at around 20 days. Remember that in Georgia, the tenant has to pay the rent into court at the time it serves the answer. Probably unconstitutional, but if you had the $50,000 it takes to mount a constitutional challenge, you would not be in this situation. Most Georgia tenants simply vacate within the seven days after the dispossess is served.