Landlord/Tenant Disputes

Landlord/Tenant Matters are

civil in nature

A landlord must

go through the court to evict a tenant

Who has authority to evict a tenant?

The Sheriff’s Office

What is the most common reason for evictions?

Failure to pay rent

Landlord/Tenant Disputes 

• Failure to pay rent on time 

• Having pets against the rule of the rental agreement 

• Engaging in criminal activities on the rental property 

Eviction Process

1. Five-Day Notice

2. Summons for Unlawful Detainer

3. Writ of Eviction

4. Notice to Tenant

5. Notice to Landlord

6. Eviction

What is step 1 of the eviction process?

Five-Day Notice: when a tenant continuously fails to pay their rent, the landlord should provide a five-day notice that explains the AMOUNT of rent due and that the eviction process will commence IF THE RENT DUE IS NOT PAID IN THE FIVE-DAY PERIOD

What is step 2 of the eviction process?

Summons for Unlawful Detainer: the landlord provides a statement under oath that tenant remains in possession of the premises unlawfully

When must a summons for unlawful detainer be served?

at least 10 days before return date

What is step 3 of the eviction process?

Writ of Eviction: when the judgement favors the landlord, the Sheriff now has authority to remove the tenant. 30 days to execute an eviction. Tenant has 10 days upon receipt to appeal

What is step 4 of the eviction process?

Notice to Tenant: The Sheriff’s office is required to serve notice of intent to execute “writ of eviction” 72 hours prior before execution of the writ.

What is step 5 of the eviction process?

Notice to Landlord: Sheriff’s office makes up eviction notice and posts.

What is step 6 of the eviction process?

Eviction: If on date of eviction, the premises is locked, deputy has authority under the writ of eviction to employ reasonable and necessary force to break and enter the door. If landlord has key, entry may be made with key, or you may use a locksmith to affect the entry 

• Put the landlord in possession of the premises 

What is our role as Officers in Landlord/Tenant disputes?

Most often we are summoned to the location of an eviction as “back-up” for the Sheriff’s office, or to address an issue before the eviction process ever begins

What are the 3 goals of Conflict Management?

Gain control of the situation

Restore the calm

Resolve the Dispute

When can we enter a home?

Consent

Warrant

Exigent Circumstances

Conflict Management Techniques

Mediation

Negotiation

Arbitration

Referral