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RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11964
Experience:  Experienced in multiple areas of the law.
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I am a landlord Have a family who is 5 months behind on rent Do

Customer Question

I am a landlord
Have a family who is 5 months behind on rent
Do not have a lease
I pay water sewer and gas, cable is also free
Its starting to hit me pretty hard
What can I do
Its a Triplex another renter is staring to not pay rent also
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  RobertJDFL replied 6 months ago.
Thank you for using Just Answer. You would have to file for eviction to have them legally removed. Since the process varies by state, can you tell me what state this is in, please?
Customer: replied 6 months ago.
Expert:  RobertJDFL replied 6 months ago.
Thank you for your reply and patience, as I was assisting another customer. The process begins with you posting on your tenant's door or delivering to them a 3 day notice to vacate. If the tenants do not leave at the end of the 3 days, then you can file what is called a Forcible Entry and Detainer Action against them in court (an eviction action). A notice of this action will be posted on your tenant's door (you have to have them "served" with it) and will tell them when to appear in court for a hearing. The court hearing is typically held within a few weeks of when your tenants are served. At the hearing you'll be able to present your side of why you are evicting your tenants for non-payment and provide any proof you have. Your tenants likewise can tell their side of the story. If you win, the court will award you a "Writ of Restitution" which will tell your tenants when they must leave by --generally between 5-10 days of the court date. If they don't leave at that point, you can get a “Praecipe for Set Out” order. Then you can go to the apartment with a bailiff and have the tenants escorted off the property. It's a slow process -you won't get them out overnight, in other words -it will be weeks, but this is the only legal way to do it. You cannot use "self help" and say, lock them out. If you do, the tenants can actually sue you for any damages that they incur as a result of your actions. If you need clarification or additional information, please reply, and I'll be happy to assist further. Thank you.

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