How Investors Can Avoid Improper Eviction Filings

Landlords may encounter issues if the eviction filing process is not done correctly. Improper filing can lead to delays, legal complications, and even the dismissal of the case.

Common Mistakes:

1. Incorrect Forms or Documents:
   Failing to complete the correct forms or submit the required documentation for eviction can cause the court to dismiss the case. This includes submitting outdated forms or missing essential information.
2. Filing in the Wrong Court:
   Evictions should be filed in the appropriate court based on the location of the rental property. Filing in the wrong jurisdiction can result in delays or dismissal of the case.
3. Failure to Serve the Tenant Properly:
   Proper legal service is required to notify the tenant of the eviction hearing. If the tenant is not served according to legal requirements (e.g., by a constable or sheriff), the eviction may be invalid.
4. Not Following Proper Legal Procedures:
   Landlords must follow the correct legal steps, such as obtaining a judgment from the court before proceeding with eviction. Skipping any legal procedures can undermine the eviction process.

Solutions:

• Ensure that all eviction forms are current, complete, and include all required information.
• Always file eviction cases in the court located in the county where the rental property is situated.
• Make sure to serve eviction papers through proper legal channels, such as by a constable or sheriff, to avoid invalidation.
• Consult an attorney or research local eviction laws to ensure all steps, such as obtaining a court judgment, are followed.

By adhering to these proper filing procedures, investors can avoid costly delays and complications during the eviction process.