First Eviction so any Advice

[Lee Perry]

I have given the tenant chances but now they are not returning my phone calls. Does the 3 day pay or quit have to come from a lawyer. I have an agreement with the tenant that they would just leave since they cant pay to keep an eviction off of their record. I am going to the property today. Any advice?

[Erik Hitzelberger]

First, if the property is in Jefferson County, you have to send a 7-day letter. It does not have to come from an attorney, but you need to send it certified mail. If the tenant does not pay within the 7-day period, you can file a motion in eviction court. I strongly recommend having an attorney handle this part as well as the hearing if it goes that far. Watch and learn if you want, but it's not worth it. I've been managing homes for 10-12 years and have never been. I just notify my attorney that the tenant didn't pay after the 7 days and she does the rest.

Second, if you have an agreement that the tenant is leaving, that's great. It's much faster when they voluntarily leave. Make sure to get something in writing (even a text) stating they have moved out and turned over the keys. If not, you could still have to go through the eviction process. 

Third, use good judgement when going to the property. This can be an emotionally situation. Stay safe.

Regardless, good luck!