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what to do after you serve a 3 day notice to a tenant that won't pay rent?
I have a tennant that hasn't pay her rent i already gave her a 3 day notice what should i do next
11 Answers
- 1 decade ago
You will need to retain an attorney or an eviction service for the next step which is filing an "Unlawful Detainer" with the courts. You can do it yourself but it is very time consuming and it must be perfectly done. Any mistakes, even a mis-spelled name, and your case could be thrown out and you would have to start all over again. Tenants know their rights and will exercise them to the fullest extent allowed. You're looking at about 40 days from filing to the actual eviction if the tenant does not contest the filing. If they do contest it's about 70 days from filing until eviction. When you get your court judgment make sure you notify the credit bureau's of the judgment until paid and there is a national eviction database that you can enter in to the persons name. This will allow other landlords to skip this individual in the future and save them the grief they've put you through. One last thing...have the paperwork filed ASAP but DO NOT take any action against the person, no matter what they do to you or your property. If you do you will be the one who suffers which could include fines and/or jail time.
- 5 years ago
You are going to have to check into the landlord tenant laws for your state. Most states do not allow the withholding of rent unless there are issues that make the place uninhabitable and very specific steps have been taken by the tenant in advance. If the tenant's issues are not habitability issues and they have not followed the laws regarding withholding rent, you serve the 3 day notice due to non-payment, if that is what is required by your states laws.
- Anonymous1 decade ago
Been there, done that.
Legal way, follow up with the civil court office where you sent the copy of the 3, or 5, day notice. They will help you. Proof of service required, be careful. Move for eviction.
Ask them to leave. You will lose some rent, this works.
Move their stuff out ! Did this and almost got arrested, but they left. Post the "Notice of Eviction" in the local paper, that works too.
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- Stranger DangerLv 51 decade ago
Depending on the relationship between you two, the next step would be to contact your lawyer to process the eviction. No one wants to do that because it's not easy, but they did sign a contract to pay their rent on the 1st and it is a legal binding agreement, so you don't really have a choice. Unless of course you can work something out with the tenant, but if they're not communicating, you're not really left with much choice.
Source(s): 3 years prop mgnmt - AZRAELLv 51 decade ago
A 3 da. notice is not worth the paper its' written on. You need to serve your tenant with an eviction notice. This is usually handled thru the courts. In Tx. you can go file w/ the local JP..........
Source(s): life - 1 decade ago
get all your documentation together and go see a lawyer or take them to small claims court (which will take alot longer). You will need your 3 day, proof of service, resident history and lease. Should take about 28 days to get them out
- Anonymous1 decade ago
kick them and sue em for u r money what is rifley u r belongs to u
- Anonymous1 decade ago
Send his/her information to colection and the will make him/her pay.