I have a tenant that, as of 2/1/09, is three months behind in rent. I spoke with him on 1/15/09, date late charge goes into effect. He informed me he would pay on 1/20/09. 1/15/09 was the last time I saw or spoke with him. The rental property is next door and I haven't seen anyone there since 1/15/09. I checked to see if they had moved but all items are still there. I delivered a notice to pay or quit notice on the door on 1/31/09 and gave them until 2/10/09 to pay or leave. Can I put them out after the 10th?

If they haven't paid or moved out by the 10th then you have to file a lawsuit for eviction. Once you win a judgment then you can have the constable or sheriff perform an eviction. Only the constable or sheriff can legally "put them out".

Hello d:

For a listing of what you CAN and CAN'T do, check out your state landlord tenant laws... It'll REALLY help you run your business. They are the RULES of the landlord business, after all.

We have a copy of them right here at the top of the real estate page on a sticky note.

excon

What you have to do is go to the court, district and file for unpaid rent. You will then be set a court date and depending on the county and state it could be in a week to 30 days. In court the judge will ask if rent has been paid and you will receive judgement for unpaid rent as well as court cost. Then you have to go and file for eviction. They are allotted so many days to pay the unpaid rent + court charges. You do not have to except anything less. Again depending on county and state the eviction could happen in a week to 3 weeks. You make contact with usually the sheriffs department and ask what day they will serve them with eviction.