The eviction process must be followed exact!
I'm often contacted by frustrated landlords who feel stuck by an unpaying tenant. Typically, the issue has been going on for quite some time as the tenant begins falling behind or making partial payments with excused and promises to get caught back up. By the time the landlord calls me, months have passed and the tenant is serious delinquent. For individuals who own only one property or have a small real estate portfolio, losing several months of rent can be an incredible financial hardship. As such, I always advise landlords to not wait.
Many landords want to file their own eviction action. While they certainly can, the eviction process must be followed exactly. One misstep can delay having the tenant removed. Further, landlords are NOT permitted to change the locks or engage in “self help.” Only a Final Judgment of Eviction and a Writ of Possession issued to the Sheriff can be used to remove a tenant.
The quicker a landlord acts, the better the outcome. Often, tenants do not have the assets necessary to attempt and collect back rent. Rather, removing the tenant and placing a paying tenant into the property is the most practical remedy.
If you have concerns about a tenant or what your rights are as a landlord, please contact Grady Legal to set up your free consultation.