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I HAVE A TENANT THAT HAS NOT PAID HER RENT FOR MARCH 2012,(DUE…

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I HAVE A TENANT THAT...
I HAVE A TENANT THAT HAS NOT PAID HER RENT FOR MARCH 2012,(DUE 2-25-12) NOR HER SHARE OF THE ELECTRIC FOR FEBRUARY AND HAS NO INTENTION OF DOING SO PER A MEETING WE HAD LAST NIGHT. SHE CLAIMS SHE HAS PAID TOO MUCH FOR THE LAST 3 YEARS AND SHE INTENDS TO STAY UNTIL SHE HAS TIME TO MOVE. HER RENTAL AGREEMENT EXPIRES MAY 31,12. WHAT CAN I DO AND AND HOW SOON? I RELY ON THE RENT FOR MY MORTGAGE PAYMENT(PRIVATE TOWNHOUSE). THANK-YOU, KATHY
Submitted: 6 years ago.Category: Landlord-Tenant
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3/5/2012
Lawyer: LandlordTenantAnswer, Attorney replied 6 years ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,828
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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You would need to give her a 3 day notice to pay or quit. If she fails to comply, you can start the eviction process. The eviction procedure for non-payment of rent is called "summary ejectment." Eviction cases are filed and heard in the District Court of the county where the property is located. When tenant fails to pay the rent that is due, the landlord may file a written complaint under oath asking for repossession of the premises, the amount of rent due, and court costs (Sections 8-401(a) and (b)).The court will then issue a summons and the sheriff will notify the tenant by first class mail that the tenant should appear before the District Court at the trial to be held on the fifth day after the filing of the complaint and must answer the landlord's complaint to show cause why the demand of the landlord should not be granted.

If requested, the sheriff must also personally serve the summons to the tenant, subtenant, or other person in actual possession of the property. If none of those persons can be found on the property, the sheriff may post a copy of the summons in a conspicuous place on the property; however, this method of service is sufficient only for the landlord to get a default judgment against the tenant for possession of the premises and court costs, not for the amount of rent due. The tenant must be personally served to support any judgment for rent due. At the trial, the judge has the authority to order an adjournment for 1 day to permit either tenant or landlord to obtain necessary witnesses, or for a longer period, if both parties agree.

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