Eviction process
/ Eviction process

the Eviction process

Triumph Property Management has been dealing with evictions for well over a decade. Below, you can learn more about the eviction process. Our eviction service helps remove the tenant from your property in a serious, timely and professional manner.

step 1

Correct eviction noticed is served

Not all evictions are the same; a common misconception. There are numerous reasons why an eviction notice may be served, including: failure to pay rent on time, conducting illegal activity on the property and subletting the rental to a third party. At the outset, then, the correct eviction notice must be served.

step 2

Serving the eviction notice

The tenant is served the correct eviction notice. Under existing state legislation, we – at Triumph Property Management – are permitted to serve an eviction notice in person. We may also leave a copy of the eviction notice with a relevant third-party (of suitable age) or to directly post a copy of the notice on the rental property itself.

step 3

Second eviction notice may be served

If the tenant is being evicted for a reason other than non-payment of rent, a second eviction notice may be served. The same protocol, as outlined both above and illustrated below, is followed. For example, we reserve the right to serve the second eviction notice to the affected tenant.

step 4

Complaint with court may be filed

Not all tenants comply with eviction notices. Many tenants stay well beyond the 5-day or 30-day interim period, in which further action is required. In these cases, Triumph Property Management may file the necessary documentation with the courts to process a formal eviction order with the court.

step 5

There may be a court case

In some cases, tenants may file an affidavit, or answer to the court directly, to contest the court order. A representative from Triumph Property Management then attends the court case to present the owner-client’s best interests.

step 6

Eviction notice is served

Once the court case has concluded, the sitting judge orders a summary eviction. Triumph Property Management then coordinates with the local sheriff to have the tenant (and their belongings) removed, at a specified date and time, from the property. This then concludes the standard eviction procedure (see below for illustrated summary below).

OVERVIEW

EVICTION PROCESS

Non-Payment of Rent

Landlord serves
an eviction notice.

Tenant vacates the property
or pays rent.

Tenant fails to vacate or pay rent. Tenant may or may not file an Answer with the court.

Landlord may take possession of the rental unit without need for any court action.
Note, if the tenant vacated, the landlord will likely want to ensure that the tenant has no intent to return.

Landlord files a
complaint with the court.

If Tenant did not file an answer with the court, an eviction order will be entered and sent to the constable.

If Tenant files answer with the court, a hearing will be scheduled and notices of hearing will be mailed to all parties.

Summary eviction
hearing is held.

Landlord pays constable to perform the lock-out.

Eviction is denied.

Eviction is granted.
An eviction order will be entered electronically sent to the constable.

Constable posts eviction order on Tenant’s door noting the date wich the lock-out will be done.

Constable requires
Tenant to vacate.

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(702) 367-2323

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