A proper
summons must be served on the tenant, who is then given a very short
time (about 5 days, usually) to file papers defending against the suit.
If the tenant fails to file any papers, then the landlord asks the court
clerk to enter the tenant's "default." This enables the landlord to go
straight to getting a "judgment" and the actual eviction - without
having to go through a trial.
Set the case for trial
If the tenant does
file opposition papers, then the case will probably be set for trial -
within a very short time, compared to other civil cases. In most states,
either party may demand a jury trial. Jury trials are usually more
expensive than a judge trial, because the jury members are entitled to
fees (not much, but it can add up), the more time it will take your
lawyer to prepare to handle a jury, and the fact that a jury trial
usually takes longer than a judge trial.
Obtain a
judgment against the tenant
If you win the
trial, you will obtain a "judgment" against the tenant, awarding you
possession of the property. If the tenant does not leave the premises,
you may ask the judge for a "writ" ordering the sheriff or marshal to
physically throw the tenant out if she doesn't leave within a certain
period of time (usually pretty short, about 5 days).
The tenant's lawyer might be able to
persuade the judge to give her a "stay" - extending this period for a
week or so, to give her more time to find another place. Also, she might
get a stay if she appeals the court's judgment. The judgment might
include an award of money damages. This might cover unpaid rent, damage
to the premises, lawyer's fees, and court costs (filing fees and the
like). If the tenant doesn't pay, you might try to collect it by
garnishing the tenant's wages or putting a lien on her car or other
property or you might be able to deduct the award from the tenant's
security deposit. |
Don't Forget
Your Duty To Repair
There are some maintenance and repairs that landlords are
required to perform. States, counties and cities have housing codes that
require every landlord to provide "the basics" such as hot &
cold running water, a roof that doesn't leak, safe wiring, and the
like. You must provide habitable premises when the tenant moves in
and make repairs to these basics as they are needed.
In addition, communities have health codes that
require property owners (including landlords) to keep their premises
free of rats, mice, and other vermin. And there will probably be a fire
code that requires you to keep the place free of flammable materials and
dangerous wiring.
And finally, don't forget the lease or rental agreement. If you promised
to repair or maintain something - even if it is not a "basic" - you must
keep his promise. Thus, if the lease requires you to paint the rooms
periodically, to clean the swimming pool, or to provide a doorman, you
must do this. |