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how you do that fast? i talk to attory that is what he told me how long it take.
my eviction form wont be able to turn in until Feb 1. because in my notice i gave them 5 days to vacate
If you read my post you'd know that hiring an attorney causes an immediate 30 day delay. doing the simple actions yourself and asking questions from the clerks will put you in the position to accomplish this quickly. I thought that I needed the Sheriffs (old housewives tale) but I asked the court clerk. THEY told me after the writ was served (by a third party) that I could ask for police help if they refused to obey the court order! My tenants called the police! I said as long as you are here please remove my tenants.
If you read my post you'd know that hiring an attorney causes an immediate 30 day delay. doing the simple actions yourself and asking questions from the clerks will put you in the position to accomplish this quickly. I thought that I needed the Sheriffs (old housewives tale) but I asked the court clerk. THEY told me after the writ was served (by a third party) that I could ask for police help if they refused to obey the court order! My tenants called the police! I said as long as you are here please remove my tenants.
one week after you file eviction for hearing in court and 1 week for the court to give the tenant to move out. If its going smooth and won the case. that is your total 2 weeks?
Because a tenant can refuse to leave. You can have all the proof in the world - you can't forcibly remove a tenant. This needs to be done by a sheriff. The process to forcibly remove a tenant can take 2-4 months. Sometimes much longer.
Reason why I've been echoing this sentiment is because OP did research and found out the tenant has been involved with several evictions in the past. What makes you think the tenant will just up and leave because of a piece of paper if he/she has done this several times in the past?
The markedly negative history of the OP's tenant changes everything. Everyone on this forum seems to completely ignore that fact.
Where are you coming up with this stuff????? 2-4 months???? Try a couple of days.
You go to court - judge approves the eviction - if tenant doesn't move out the Sheriff will force them out very quickly.
Evictions move very fast in Hawaii - certainly doesn't take months to get the Sheriff to kick them to the curb.
one week after you file eviction for hearing in court and 1 week for the court to give the tenant to move out. If its going smooth and won the case. that is your total 2 weeks?
The thing I did that was not necessary was to serve BOTH married people. The writ goes against all occupants. If you want to go to small claims for damages it may be necessary to serve both but small claims is possibly good money after bad since even if you win it can be hard to collect.
But since the Judge gave the tenant a court date for their "issues" I think that if there had been damages I could have gotten an award. As it was at the pre trial conference I offered to just keep the security deposit which still had me ahead.
alrite will update when my eviction filed on next week monday. i let you guys know the detail.
Stay calm, stick to the facts. Be polite to the Judge and your tenant. Politely ask the clerks your next step. They will refer you to the process servers but will let you know what you can do yourself if you ask. You don't need to be the expert, they are. Read everything you get.
My "trial" lasted 3 minutes. Judge asked if rent was paid. Tenant complained of issues and Judge cut her off with trial date for issues 3 weeks later. WOW. I asked Judge if I was getting the Writ and he said yes. Everything else happened with the clerks.
i think im very polite to my tenant already. 1st notice i gave them 7 days. 2nd notice another 7days. i even ofter cash for key and explain that the eviction will hurt them in the future but they dont accept. ( they even told me i offer them cash for key because i dont want to go eviction option.). they think they can win and able to stay longer or something.
when you late on rent and after all the notices sending out. that mean theyre already break the rental agreement. even they want to pay me now i have the right to not accept the payment right? cant trust them if they are going to do the same for the next month. dont want more headache.
Last edited by ufairy808; 01-25-2016 at 11:48 PM..
If they pay, next month you slap that 5 day notice 2/1/2016 at 5:00 pm.
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