No. You cannot kick her out. Only the sheriff can do that. You must complete the eviction lawsuit. AFTER you get a judgment, then you can get a Writ of Possession which you take to the sheriff. You'll need to be there with someone who can open the door and replace the locks.
These are tricky lawsuits. The law protects residents from losing their homes. Even the slightest technical mistake can result in the landlord having to start the whole 2-3 month process all over again. Even lawyers get caught missing a small detail. I don't recommend trying to do this yourself.
If the tenant's possessions are still there, you can't just throw them away. You must post and mail a Notice of Abandonment and wait two weeks. You can move them to a secure storage place, but if the tenant does not claim them, then you will have paid to move them to the storage space, a month of rent for the storage space, and then the cost of either selling the property or hauling it to the transfer station. It might be cheaper to move the stuff into one room while you clean and repair the others, and wait the two weeks.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Mar 07th, 2017 at 9:54 AM