Landlord Question and Answer Forum

Tenant was overdue on the rent. I have already served the 5 day notice. An extended amount of time was given via phone and email. Tenant didn't pay. Do I need to serve a new 5 day notice? or Do I serve the Eviction Warning?Do I also serve the tenant move out notice now?

To be safe, I would serve another 5 day notice. After the 5 days you can initiate the court proceedings.

Posted by Luis M, NJ on Wednesday, July 3, 2013

I just won an eviction in IL. I sent the 5 day notice certified mail. She signed for it and I had the signature card. But she claimed in court she had never seen a 5 day notice. So my suggestion is to mail it certified and try your best to have someone that is not involved in the case at this point to hand deliver to your renter the 5 day notice. That way if they claim they didn't get the notice you have someone to call as a witness that yes they did. So I won my case. But the worst part was getting her served the summons on the second try I did something I shouldn't have but it worked out and was worth the risk. the unit needed repair so I setup a time with her and told her I was sending a company to do the repair and to make sure to answer the door. Well I called the sheriff and said hey I know when she's going to be home. LOL the sheriff showed before the repair guy and she ran to the door and opened it. Vole and she was served. But what a hassle I only went to that because she kept running inside when they would pull up to serve her. But now I have to go back to court to start getting paid as she has refused to setup payments. Do you know anything about that?

Posted by Thomas B, IL on Monday, July 29, 2013

Luckily my tenant left after the warning notices and no court was needed. No major damage was done to the property. Thank goodness!

Posted by Marlena W, CA on Tuesday, July 30, 2013

In many cases, normally getting the money owed is a lost cause. Depending how much she owes you, if you are spending more time and money getting this money its best left alone. However, do inform her that you will place this (Eviction) on her rental history but make sure you legally can. This will more likely cause her a harder time to find another place to live if they screen her records.

Posted by Yolanda M, TX on Monday, August 5, 2013

From what I have been told I need to take her back to court to get judgment enforced. And she will have to pay any court and collections cost. If it continues to not be paid after court order she will be arrested and I can garnish her wages and get a garnishment placed on her tax return and since she has a kid I know she gets one so no I would not ever let it go for one the principle of it!

Posted by Thomas B, IL on Wednesday, August 7, 2013