How does the eviction process work?

Asked by Trulia Fort Lauderdale, Fort Lauderdale, FL Tue Apr 9, 2013

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Susan Chang, Agent, Downey, CA
Wed Apr 10, 2013
You are in Fort Lauderdale and not Los Angeles. I would recommend that if you have the funds, please consult with an experienced local eviction attorney so you know what are all of your options. If you do not have the funds and enjoy the Do-it- yourself process, I would suggest you either go to Amazon for the most current eviction reference books or join your local Apartment owners' association. I personally work in sales at Keller Williams Realty but have been managing residential rental properties since 1988. Laws constantly change all the time so you must keep up to date with the current laws to avoid any potential liabilities and fines. If you are going to be a Landlord in any state, be prepared and educate yourself.

You did not give much details so I will give the basic eviction overview from the Landlord's perspective.
In the case of non-payment of rent, give a 3-day notice. You may serve the tenant yourself or hire someone who is familiar with the process of serving tenant/landlord notices ( individual must be over 18-years old ) or better yet, hire a local process server. Eviction attorneys use professional process servers.

After 3-day notice served, tenant may either pay the total past due rent stated on the 3-day notice or ignore notice. In the case of continued non-payment, you now file eviction papers at the appropriate courthouse. You must be very careful with how you count the 3-day period. In Los Angeles, if the 3rd day of the 3-day period falls on a weekend, you need to give additional business day. If you do not and proceed to trial, the judge who presides over your eviction will dismiss your eviction and you will have lost all the time spent getting your case to trial, all your money paid for filing at the courthouse, and your unpaid rent continues to accrue.

If you are familiar with the legal technicalities and adhered to the proper procedures, there should be a money judgement and possession of property awarded by the judge. I am being very general here because there may be any variety of responses by the tenant which would require you to take the appropriate actions.

Possession of property requires the Sheriff ( in Los Angeles County) to facilitate eventual lock out and removal of tenant from property, thereby, giving you the possession of the property so you may immediately fix and prepare the property for renting.

This is why I strongly advise you to get consultation with an experienced eviction attorney who can guide and take care of this very complicated process. I began my management career learning how to properly fill out the huge volume of paperwork and file all the eviction cases myself . I can imagine how daunting this eviction can be for someone new and uninformed.

I hope this is helpful. This is a general overview
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Robert Adams, Agent, Henderson, NV
Wed Apr 10, 2013
There are many companies that will handle the entire eviction process for you. If you are unfamiliar with the process I highly recommend that you one of these companies so that you handle the evictioin by the book and don't open yourself up to further liability. If you need a recommendation to a company that I have described please email me and I would be happy to forward you their contact info.

Best Regards,
Robert Adams
The Adams Team at
Rothwell Gornt Companies
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