First notify all parties, prepare documentation, and file the eviction.
Phase 1: Pay or Quit
5th of month
- Rent is due on the 1st of the month.
- Rent is late on the 5th of the month.
- Tenants are notified a late fee is posted to their account.
- Tenants are notified a notice is being sent to them via certified mail.
- We affirm our desire to collect payment and avoid eviction.
- If a tenant does not pay by the 5th they are in breach of their lease so we deliver the tenant a “Notice to Pay or Quit.”
Phase 2: Forcible Entry
~12th of month
- If the tenant does not pay or vacate by this time it is unlikely the tenant will pay.
- We move forward with the eviction process by filing a “Forcible Entry and Detainer Petition” with the court clerk.
Phase 3: Summons
~12th of month
- The process server serves the tenant a copy of the “Petiton and Summons” which notifies them that a Forcible Entry and Detainer has been filed against them and of their court date.
- We are no longer able to accept partial payments from the tenant.
- Tenants are able to pay in full until the court date.
Then attend court to obtain the judgement which allows you to evict.
Phase 4: Hearing
~24th of month
- This is the “legal” part of an eviction.
- The day of court our team appears before the judge with all critical documentation to give us the best chance of obtaining a judgement.
- There are several possible hearing outcomes.
- We obtain a judgment for possession and a sheriff lockout is scheduled. This means the tenant’s rights have been terminated. See “post-eviction” for next steps.
- We fail to obtain a judgment and an extension is granted. If the tenant can prove financial hardship and an attempt to secure assistance an extension is often granted.
- We fail to obtain a judgment and the case is dismissed. This means the judge has ruled in the tenant’s favor OR the tenant was able to pay in full and the case was dismissed.
Last, enforce the eviction and begin preparing to complete a makeready.
Phase 5: Sheriff Lockout
~30th of month
- After the court date our team mails a copy of all court paperwork to the tenant via certified mail.
- The sheriff posts a 48 hour notice of lockout.
- The sheriff revisits the property with us to change locks and ensure the tenant has vacated the property.
- If the tenant has not vacated they are forcefully removed from the property.
Phase 6: Collect Belongings
~30th of following month
- We are required to allow the tenant up to 30 days to remove their belongings from the property if they are forcibly removed from the property or if they leave behind items of value.
- When the tenant is removed from the property we schedule a follow up appointment for the tenant to visit the property and remove their belongings.
- Tenants usually vacate willingly after the court hearing so this step is not required.
- During the 30 day waiting period we are unable to begin the makeready process.