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1. Notice for Non-Payment
of Rent
If rent is not paid when due,
the landlord must deliver a "NOTICE TO CURE
OR QUIT" (Three-Day Notice form) to the
tenant. This notice must state that the rent is
due but unpaid, and the landlord intends to
terminate the Rental Agreement in three (3) days
if the rent is not paid.
2. Notice to Terminate
Tenancy for Any Other Reasons
If the landlord wishes to
terminate tenancy for any other reason and is
not familiar with applicable landlord tenant
laws, THEY SHOULD SEEK LEGAL ADVICE.
3. Forcible Entry
& Detainer
All notices to terminate must
be followed up by serving a FORCIBLE ENTRY
NOTICE which is obtained from the local Clerk of
Court. This sets a court date for the landlord
and the tenant to appear in court. The landlord
will be requesting an immediate eviction. The
landlord must have all copies of previous
notices in the court file to have them available
to present at court. IF THE PLACE OF SERVICE HAS
A LOCKED SECURITY DOOR, THE SHERIFF WILL NEED A
KEY TO MAKE SERVICE.
4. Writ of Possession
When
the Clerk of Court receives a ruling on a
Forcible Entry & Detainer action in your
favor, you will need to request that the Clerk
issue a Writ of Possession to the Sheriff. IT
WILL NOT BE DONE AUTOMATICALLY.
The Sheriff's Office will be delivering a copy
of the Writ along with a posting order stating
the date of the eviction to the address of the
defendant. We require that this be done at least
some time during the day before the eviction. It
is not necessary to serve this order on the
defendant, as they will post it on the door if
no one is available.
The day of the eviction, the
sheriff will expect the plaintiff or his agent
to check the location to see it the defendant
has vacated voluntarily. Please call your local
Sheriff's office to either confirm or cancel the
eviction.
If you discover that the defendant has
vacated prior to the eviction date, let your
local Sheriff know.
If the defendant vacates
voluntarily, it is up to the plaintiff to decide
if they want to have our office stand by while
any remaining property is removed. If the
eviction procedure is canceled, the plaintiff
accepts any liability for property left behind.
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