1- My tenants won't leave - what do I do next?
Answer: Start an eviction suit.
2- How much will it cost to evict my tenants?
Answer: The total cost is usually between $600 and $1500. If there is a jury trial, expect to pay about $10,000.
3- How long will the eviction take?
Answer: An ectivtion can take anywhere from a few weeks to several months to complete. The average time is about 30-45 days.
4- Can I collect late charges? (What can I include on the 3-Day Notice?)
Answer: Late charges are collectable, but not in an eviction case. Eviction cases are designed to get you possession of your property - and get it quickly (by legal standards). Late fees must be collected with a separate suit. So, they may not be included in a 3-Day Notice.
5- If I lose my case, will my tenants just get to stay for free?
Answer: No, even if you don't win what you are expecting, you will usually be awarded possession of the property. On the other hand, even if you win everything you are expecting, the tenants may be able to get a "stay" which will delay their leaving.
6- Do I have to credit the security deposit now?
Answer: No, the security deposit may be kept separate and dealt with after the tenants are out.
7- There are other people living there who are not on the lease and I do not know their names. Can I get them out too?
Answer: Yes, it just takes a little longer - about 10 days longer. Be sure to mention this to your attorney.
8- What do I do with their personal property that is left in the unit?
Answer: The law requires that you hold the property for 15 days. You can charge a storage fee. If it is not claimed, and it's value is less than $350, you may dispose of it.
9- Does the sheriff actually pick people up and carry them out?
Answer: If necessary, yes. It seldom comes to that.
