Post date: Oct 15, 2009 6:16:57 AM
Q. What is Summary Process?
A. Another name for "Evictions"
Q. What court do I file at?
A. Whatever court covers the RENTAL PROPERTY.
Q. Do I need a lawyer?
A. It is always best but not necessary.
Q. What is the difference between a 14 & 30 day notice?
A. A 14 day notice is generally for non payment of rent, and if the tenant were to pay, they would
be allowed to stay. A 30 day notice is usually to end tenancy.
Q. My tenants moved after my notice but they still have stuff in the apartment, what do I do?
A. If the tenant has not given you writen permission to discard the rest of the possessions then
you should proceed with the normal eviction process.
Q. Who can help me fill out the Summary Process Summons & Complaint?
A. It is illegal for a Constable to fill in the summons but we may assist you in filling it out.
Q. Where do I get the Summons & Complaint?
A. From the court for $5 or the Constable may have them available.
Q. Can I just change the locks or move my tenants belongings out.
A.
IT IS ILLEGAL FOR A LANDLORD TO SELF EVICT. A LANDLORD MAY NOT JUST CHANGE THE LOCKS OR MOVE THE TENANT'S BELONGINGS. THIS WOULD RESULT IN A MAJOR LEGAL ISSUE. ALL EVICTIONS MUST BE HANDLED IN ACCORDANCE WITH THE LAW. ONLY A CONSTABLE OF THE CITY OR TOWN OR DEPUTY SHERIFF MAY HAVE THE TENANT'S BELONGINGS MOVED. THE BELONGINGS MUST BE PLACED IN A WAREHOUSE REGISTERED WITH THE DEPT. OF PUBLIC SAFETY AND NOT JUST ANY STORAGE PLACE.