Question on Evicting a renter?

[brenn15]

We have a horrible renter - no need to go into details, but she ALWAYS pays late, it is the 10th and we still haven't received February's rent which is due on the 1st, with a grace period until the 5th. She is ignoring most of our calls and only texts us back saying she is working on it and she is out of town. We are starting the eviction process today by sending a certified 5 day notice, however, if she really is out of town she is not going to get this and by the time she does, it will be well past the 5 days, so my question is should we send the notice certified mail, then call her and leave a message stating we put the eviction letter in the mail and she has 5 days to pay the rent? What happens after the letter just sits at the post office if she never goes and gets it? What is the next step?

[croslea]

We have a horrible renter - no need to go into details, but she ALWAYS pays late, it is the 10th and we still haven't received February's rent which is due on the 1st, with a grace period until the 5th. She is ignoring most of our calls and only texts us back saying she is working on it and she is out of town. We are starting the eviction process today by sending a certified 5 day notice, however, if she really is out of town she is not going to get this and by the time she does, it will be well past the 5 days, so my question is should we send the notice certified mail, then call her and leave a message stating we put the eviction letter in the mail and she has 5 days to pay the rent? What happens after the letter just sits at the post office if she never goes and gets it? What is the next step?

The notice can be taped to the door and the count starts then. She is not out of town.

On day 6 you serve the unlawful detainer. If you serve it by mail the days are counted differently, they have 10 instead of 5. It does not matter one bit if they pick it up or not.

[ealahweemah72]

1) Send her the eviction notice 'recorded delivery' (to prove the date it was sent) and return receipt requested .
2) Stick an eviction notice on the door of the rented property.
3) E-mail her or Text her to inform her that you've done this (again more 'written' proof).
Even if she does then claim that she didn't recieve notice you'll have the proof that it was sent
and you made every effort to contact her..

[trucker]

You send the notice. They can't deliver certified without a signature, so she won't receive notice until she returns.

[iker]

Send the letter return receipt requested. Also tape one to her front door. Then go to court and file the paperwork for a legal eviction

[adare]

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 or 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"

[atworth49]

You need to send such notices via mail service, certified mail, with return receipt requested. Once you have done so, the notice is considered delivered. That she fails to pick up and sign for the notice is irrelevant. If she DOES fail to retrieve your mailing, it will be returned to you as 'undeliverable'. Keep the returned and sealed envelope without opening same. Should this eviction end up in the courts, you will need to present the unopened mailing as your evidence of giving notice. The courts will work with your mailing as evidence.