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 Registry – 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