FREQUENTLY ASKED QUESTIONS

MY TENANT HAS CAUSED ME NOTHING BUT PROBLEMS. CAN I JUST CHANGE THE LOCKS AND THROW THEM OUT?

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.

FOR WHAT REASONS CAN I EVICT MY TENANT?
CAN I DO THE EVICTION MYSELF?
I LIVE OUT OF STATE. HOW DO I START USING ALPHA EVICTIONS AND COLLECTIONS?New Toggle

KNOW THE PROCESS

  • Step 1
  • Step 2
  • Step 3
  • Step 4
  • 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.

  • If not answered within 7 days
  • If answered within 7 days
  • 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.

    Finally...

    Finally, if rather than answering the summons, the tenant pays all past due rent to the landlord (assuming the dispossessory was based on lack of rental payment), then that constitutes a complete defense and the dispossessory will be dismissed.

    Answers to common residential landlord-tenant questions.