FREQUENTLY ASKED QUESTIONS
ABSOLUTELY NOT! The law does not allow landlords to simply throw out tenants without the proper legal procedure. A landlord who evicts a tenant without utilizing the proper legal devices can be subject to damages and other legal headaches.
KNOW THE PROCESS
The landlord must demand possession of the property and the tenant must refuse before a dispossessory process can begin.
The landlord or his attorney must then write an affadavit that serves as an oath of the facts.
When the affidavit is made, the judge of the superior court, state court or any other court with jurisdiction over the property will issue a summons to the local sheriff's office.
The affidavit and summons are then served upon the tenant commanding him to answer either verbally or in writing within seven days from the date of service.
The landlord will be granted a writ of possession and will legally be allowed to take possession of the property. Furthermore, the landlord will likely be granted a default judgment for any outstanding rent claimed in the affadavit as if it were proven.
The matter will be scheduled for a court date in front of a judge.
Answers to common residential landlord-tenant questions.