What is the quickest way to evict a tenant?
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What is the quickest way to evict a tenant?
My tenant and I had a verabl agreement – she was having difficulty paying her rent and utilities and I recently divorced and needed some place to live. So we agreed that she would move out by 11/15 so that I could move in. The tenant has not moved and has not paid me for October or November. What should I do? I’m really not interested in the rent that’s due, I just want her to move.
Asked on November 26, 2010 under Real Estate Law, Rhode Island
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In a case for non-payment of rent in which a tenant is more than 15 days late (your situation), a landlord can serve the tenant with a 5-day notice. If the tenant fails to move out by the date specified, then a complaint for an unlawful detainer action (eviction) can be filed. The court date will be 9 days after (if the ninth day falls on a weekend or holiday, then it will carry over to the next business day). After the judge hears the case and order to vacate will be granted (assuming that the landlord wins). It will take a minimum of 5 days to evict the tenant up to a potential of a month or more (if there is an appeal). At that point, if they still don't leave, the sheriff will come and use force if necessary to get them out.
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