Evictions
1.
Notice for Non-Payment of Rent
If rent is not
paid when due, the landlord must deliver a "NOTICE
TO CURE OR QUIT" (Three-Day Notice form) to the tenant.
This notice must state that the rent is due but unpaid,
and the landlord intends to terminate the Rental Agreement
in
three (3) days if the rent is not paid.
2. Notice
to Terminate Tenancy for Any Other Reasons
If the landlord wishes to
terminate tenancy for any other reason and is not familiar with applicable
landlord tenant laws, THEY SHOULD SEEK LEGAL ADVICE.
3.
Forcible Entry & Detainer
All notices to terminate must be followed
up by serving a FORCIBLE ENTRY NOTICE which is obtained from the Clerk of
Court. This sets a court date
for the landlord
and the tenant to appear in court. The landlord will be requesting an immediate
eviction. The landlord must have all copies of previous notices in the
court file to have them available to present at court. IF THE PLACE OF SERVICE HAS A LOCKED SECURITY
DOOR,
WE NEED A KEY SO WE CAN MAKE SERVICE.
4. Writ of Possession
When
the Clerk of Court receives a ruling on a Forcible Entry & Detainer
action in your favor, you will need to request that the Clerk issue
a Writ of Possession to the Sheriff. IT WILL NOT BE
DONE
AUTOMATICALLY.
The Sheriff's Office will be delivering a copy of the Writ along with
a posting order stating the date of the eviction to the address of the
defendant.
We
require that this be done at least some time during the day before the
eviction. It is
not necessary to serve this order on the defendant, as we will post it
on the door if no one is available.
The
day of the eviction, we will expect the plaintiff or his agent
to check the location to see it the defendant
has vacated voluntarily. Please
call
our office
to either confirm or cancel the eviction. Contact the Sheriff's Office
at (563) 589-4421 between 8:00 a.m. and 4:30 p.m. Monday
through
Friday (except holidays) to schedule an eviction time. We will not
respond until we
hear from you. If you discover that the defendant has vacated previous
to the eviction date, please inform our office so we can use that time
for other
purposes.
At the time of the eviction, we will expect
the plaintiff to provide enough manpower to complete the
eviction in
approximately one hour.
We recognize
that unusual
situations requiring some more time will occur occasionally. The
process must be completed by 4:00 p.m. and will be scheduled
with that goal
in mind. Our function
is to provide the authority, keep the peace, and direct the procedure.
We
also request that the plaintiff provide enough boxes
and large trash bags to facilitate efficient moving of
property.
If heavy rain
or snow
is imminent,
it is suggested that sheets of plastic be used to cover the property
to prevent unnecessary damage. The eviction will only be postponed
because of more severe
weather conditions. If a waterbed needs to be drained we may request
that
you bring a pump in the interest of time. If a refrigerator or
freezer is involved,
we will expect the plaintiff to secure the appliance so a child
will not have access or remove the door.
We will have the plaintiff move
the property to the area where garbage pickup is done. We expect
the plaintiff to remove all property/garbage
from the
location. We will not get involved in determining what is valuable
and what is not. If
the defendant vacates voluntarily, it is up to the plaintiff to
decide if they want to have our office stand by while
any remaining property
is removed.
If
the eviction procedure is canceled, the plaintiff accepts any liability
for property left behind. |
