01 Mar Can I Evict a Tenant without a court order?
I have a tenant that I wish to remove because he has been owing for almost 7 months and bills. I took him to court and he was given time to leave and pay. Time is up. Now he is telling me he doesn’t have money and he’ll stay an extra month before leaving. My lawyer feels we should go back to court, I don’t want to go to court because court takes time, money and energy. Can I call the police to have his things removed ? Is there any other way I can go about this without going back to court?
The laws regarding recovery of premises from a tenant are quite stringent, and vary from State to State. However, to answer your question, your lawyer is absolutely correct, you cannot recover the premises any other way except by court order.
However, from what you have described the process should be fairly straightforward seeing as the court had initially given your tenant time to leave and pay. Your lawyer will have to institute a claim for recovery of possession of the property, and the evidence which you will put forward is non-payment of the rent and non-vacation of premises after the initial court order.
Please remember to always act within the confines of the law, if you take any action outside of it, your tenant can turn around and sue you.
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