by eorl » Sun Apr 01, 2012 10:03 pm
You may not place a lock on the door preventing this landlord from entering the property. Doing this could cause you legal problems with monetary penalties and possible fines.
You have given this tenant a 5 day notice. It is now time to go to court, file and obtain a legal notice of eviction.
You can not afford to not to do this. You may file this yourself, there would be clerks that might assist you in the completion of the forms. These clerks would not be able to give yoy legal advice.
Normally you would be required to give this tenant a 3 or 5 day notice to pay all back rent or quit, to include lease or rental violations. After the 3 or 5 days are up with no positive results on the part of the tenant, then you would have to appear in court to have an eviction notice filed against this tenant. This eviction notice would have to be signed by a judge or a commissioner of the court.
Once the eviction notice has been signed you would need someone to serve the notice of eviction. This could be you or, in most cases there are law enforcement agencies that would serve this notice on your behalf. There is a fee for this service, you may find the cost at the court where you filed for the notice of eviction. I find this to be a better solution as oppose to me serving the eviction notice.
Once the eviction notice has been served the tenants now have 30 days in which to move. Failure on the part of the tenants to move before the 30 day period is up, you may then call the local law enforcement agency to have these tenants physically removed from the property.
In some cases the law enforcement agency will allow them to return to secure any items they are not able to remove at this time. You should make sure the law enforcement agency will return for this removal of this property by the tenants.
This is a general eviction, however there might be quirks in your state eviction laws so make sure you google evictions followed by your state.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"