Recently, more and more landlords search for legal advice on how to deal with an eviction. Many steps are required, and there is no simple way out of it. A landlord must be patient and follow a set of steps carefully, one by one, before expecting a court to examine the case.
Alluding the special kind of patience required for this process, we always advise the landlords never to give up and don’t let their guard down in the most crucial moments. Any mistake, such as sending further notices to the tenant when they are no longer required, could cause the landlord to lose the case in court.
The following are the expected scenarios in court for a landlord that wants an eviction to be performed. It should be noted that a series of paperwork, justifiable circumstances, and due procedure must occur first before the landlord is granted a trial for the case.
Expecting a trial date
Both parties can request to set the case for trial at the court. The timeframe is about 10 to 20 days after the landlord or the tenant has requested the trial date. It tends to vary from jurisdiction to jurisdiction. The key in this step is that the tenant cannot pay the landlord after or during their legal dispute. Still, they have the responsibility of paying the said debt after the trial has concluded, even if the eviction has been ordered by the court.
The tenant can possibly retaliate
It is possible for the tenant to object in many ways to the landlord’s request. They can complain to the service of the notice or the summons the landlord is giving to them, there are many other defenses that the tenant can use against the landlord.
The landlord should reply in written form and expect the court to agree with this reply. If this doesn’t occur, you should expect the court to grant you a leave to amend. In this instance, you will have to prove to the court a second time that they have a case on their hands. It will help if you complied with the proper methods and procedures to notify the tenant and served the required paperwork accordingly.
Landlords that do not succeed in said circumstances may end up with their Unlawful Detainer lawsuits dismissed and would have to start a new eviction lawsuit in order to get the eviction case through the court system. Seek help from Express Evictions, as this is a crucial point that can hold your lawsuit back.
The trial date got set
For a trial to happen, the tenant has to respond to the complaint. Before the trial date, you should collect as much evidence as possible to defend your claims at court. This evidence can be presented in the form of documentation or even witnesses.
Collect evidence for the trial
The landlord needs to show evidence to the court that the tenant has not complied with the lease agreement. With the lease agreement in hand, the court can corroborate the facts with what was agreed on the lease.
These types of trials tend to be fast ones, but it can get complicated and extend further if the tenant also has information to help them in their cause.
After this, there are two possible outcomes:
-The judge ruled in your favor
-The judge ruled against you
If the judge ruled in your favor
Courts release a document that allows Sheriffs to remove the tenants from the property in the case they haven’t abandoned it before 5 days. This is called a Writ of Possession. Remember that landlords don’t have the right to evict tenants by themselves or without the legal document issued by the court. They also cannot start the lockout portion of the eviction without the presence of a sheriff.
Things that can make the eviction process more complicated to landlords
Many circumstances can make the eviction harder to occur. For example, if the tenant is the employee of the landlord during their tenancy or the tenancy is done in a residence that is about to go into foreclosure things can get complicated. To help with these situations, get help from an experienced eviction attorney.
