Real Estate Law
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Given how far behind she is, you can issue a pay or quit notice. You can then initiate a lawsuit for eviction to obtain an order removing her from the property if she does not bring her arrears current.
The court clerk can provide the forms necessary to fill out and file the complaint initiating the eviction lawsuit.
The lawsuit will need to be filed in the Superior court in the county wherein the tenant resides. The hearing will be set at least seven days after filing. Both you and the tenant will have the option of appearing at the court date to argue the case before the judge and have a judgment rendered.
does the county clerk provide pay or quit notice or is this something that i can just type up?
That is something that you would provide.
There are forms that can be purchased online.
how long after the hearing can i have her removed from property
That depends on what happens at the hearing. The court may be inclined to give orders giving her days to be out of the property.
also within the pay or quit notice is there a standard time i am to allow her to pay?
After she was 30 days delinquent, did you give her any sort of notice requesting payment?
You may considering issuing a 5 day notice to pay or quit.
i have only given verbal request regarding delinquent payment. will 5 days notice on pay or quit be suffice.
thank you so much for your help
That should suffice. However, all notices moving forward should be given in writing with the ability to prove receipt by the tenant.
As I will be stepping away from the computer shortly, please let me know if there is any additional information I can provide.
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