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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33761
Experience:  Attorney for over 15 years, landlord 26 years
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I leased someone an house year,he was always late so

Customer Question

I leased someone an house for one year,he was always late so when the lease ran out I told him no lease month to month only how do I get him out
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state you are in?
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Have you given the person any type of written notice to vacate?
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Are they current on the rent now or behind?
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thanks
Barrister
Customer: replied 1 year ago.
Alabama due 300 for may rent 500 for june rent 1000 for july rent it was due on the 1st of each month no contract month to month
Customer: replied 1 year ago.
what kind of letter I need to send him and file in court
Expert:  barristerinky replied 1 year ago.
Ok, if he is still late, you can give him a 7 day written notice to pay or vacate. Then if he doesn't pay in full within that 7 days, not counting the day of delivery, then you can file a formal eviction action in court to get a judgment and have the sheriff put him out.
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If the 7 day notice period has expired and the tenant hasn't paid the amount due, you would need to file an unlawful detainer action in District court to begin the legal eviction process. Once you fill out the UD complaint and file it with the court clerk, you would then have the Sheriff serve it on the tenants. The tenant has 5 days to file an answer to the complaint.
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The clerk will give you a court date where you will appear and tell the judge that you have terminated their tenancy by giving the 14 day notice and they have not vacated. They have paid no rent and you are asking for a judgment and writ of possession. The tenants will likely not show up, so you should get a default judgment. Once the judge grants you a judgment and writ, he will then tell you that you can have the Sheriff serve the writ and physically evict the occupants and set any of their property out on the curb.
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thanks
Barrister

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