General Eviction FAQs

  

    1.    Do I need a reason to evict my tenant?

Yes and no.  It depends on what type of tenancy you have with your tenant.  With a tenant at will you do not need a specific reason.  If it is a tenant under lease then your tenant must have violated the lease and the lease must state that the landlord may evict for such a violation, i.e. not paying rent.

 

  1. What if my tenant refuses to accept service?

 SCCO makes every effort to serve your tenant in-hand, but some tenants believe that if they don’t receive the notice in-hand then they can not be evicted.  This is not true.  If we are unable to serve the tenant in-hand, we leave a true attested copy at the last and usual place of abode then mail a true attested copy the same day via first class mail to the tenant.  We then complete a return of service stating the date, time and manner in which the tenant was served.  This return of service is then signed by the effectuating officer.

 

  1. What is a TRO?

Temporary Restraining Order.  This can be awarded to the tenant to halt the eviction process so the case can be heard again by the court.  This is usually sought after the tenant receives a 48 Hour Notice for Physical Eviction.

 

  1. What happens if my tenant gets arrested inside my property?

You may be entitled to a speedy eviction.  Consult with an attorney or housing court regarding your situation