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FAQ/Glossary


FREQUENTLY ASKED QUESTIONS


• WHAT IS AN EVICTION?
The legal process of ending a leasehold possession of real property.

• WHAT IS THE EVICTION PROCESS?
First, the landlord must serve the tenant with a demand letter. If no response from the tenant, then the next step would be to file a dispossessory warrant with the County Magistrate. Once the tenant is served, they will have 7 days to file an answer. If the tenant files an answer, then both landlord and tenant will appear before the judge. The judge will give the tenant 7 days to move. If the tenant fails to move, then a writ will be issued. If the tenant does not file an answer within 7 days once served, the writ can be issued on the 8th day. Either way, once the judge signs the writ, we can arrange to have the sheriff physically remove the tenant and their belongings from the property.
 
• HOW DO I LEGALLY REGAIN POSSESSION OF MY PROPERTY?
By going thru the eviction process from start to finish.
 
• WHAT IF THE TENANT ABANDONS PROPERTY?
You may still want to go thru the eviction process to minimize any liability that you may incur.

• DO I HAVE TO SEND THEM A DEMAND LETTER?
Yes, otherwise you may have to start the process over.
 
• CAN I JUST CHANGE THE LOCKS?
No, you can be arrested as this is illegal.
 
• CAN I DISCONNECT THE UTILITIES THAT I AM RESPONSIBLE FOR SINCE THE TENANT HASN'T PAID RENT?
No, you can be arrested as this is illegal.
 
• WHAT IS A WRIT OF POSSESSION?
THE LEGAL DOCUMENT SIGNED BY THE JUDGE WHICH IS EXECUTED BY HIS SHERIFF DEPUTIES/MARSHALLS TO REMOVE THE TENANT AND THEIR PERSONAL BELONGINGS FROM THE LANDLORD'S PROPERTY.