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Evictions & Landlord Tenant
Defaulting Tenants can cause many difficulties for a Landlord. Navigating the process correctly and quickly is essential to ensure that the Tenant does not cost you more than the unpaid rent he/she currently owes. Ensuring that your notice and complaint are properly drafted and served will eliminate many of a Tenant’s possible defenses. Donnelly Law Group, PLLC has extensive experience in protecting its Landlord clients in all types of eviction situations.
 
Stages of Eviction
Pre-Eviction
 
  Properly drafted lease to protect Landlord
  3-Day Notice upon default in payment
   
  Proper calculation of days and amounts
  Served immediately after rent payment/grace period expires
  Tenant has three (3) business days in which to pay full amount on Notice
 
Single Count Eviction – Possession Only ($595.00)
 
  Draft Complaint and Summons
  Attach copies of 3-Day Notice and Lease
  File Complaint and have Summons issued by Clerk of Court
  Acquire Service of Process on Tenants
  Tenants have five (5) business days in which to file a response
   
  No Tenant Response – File a Motion for Default and Motion for Default Final Judgment
  Tenant files response – No money deposited in Court Registry - File Motion to Strike Responsive Pleading; Order Striking; Motion for Court Default; Motion for Default Final Judgment
  Tenant files response – Deposits money into Court Registy – Hearing on Tenant’s defenses. If full amount paid by Tenant - Judgment for Landlord costs; If full amount is not paid – Judgment for Possession. ($150.00)
  Have Writ of Possession Issued by Clerk and delivered to Sheriff for posting
  Sheriff will notify my office of the posting and the time/date possession will be returned to Landlord
 
Two Count Eviction – Possession and Back Rent/Damages ($745.00)
 
  Same process for Possession
  Once possession is retaken, Landlord will submit repair costs and lost rent in the form of an affidavit
  Draft Motion for Default/Summary Judgment as to Count – II Damages
  Submit Affidavits as to Damages; Court Costs; Attorneys’ Fees in support of Motion
  Hearing on Motion for Damages
  Final Judgment of Damages
 
 
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