Collection and Eviction Process

Rent is due on the first of each month and is considered late at midnight on the third of the month. In accordance to the terms of the Residential Lease Agreement a three day notice to vacate (Notice Terminating Right of Occupancy) is mailed to the resident on the fourth of each month if rent has not been actually received in the management office. This notice is legally required to be sent, and is the first step in the collection process. Additionally, late charges begin to accrue on the fourth of the month as follows: 10% of the monthly rent is charged on the fourth, and then starting on the fifth an additional $10 per day is billed until the full balance is paid.  Only certified funds (cashier’s check or money order) will be accepted after the third of the month.

On the tenth of the month, if rent and late fees have not been paid then a suit for non-payment of rent is filed with the appropriate Justice Court. If it becomes necessary to file eviction then court costs are added to the resident account.  Average eviction filing cost is $136 for one person, and an additional $85 per person named on the lease. Costs vary slightly according the county in which the case is filed.  The eviction hearing date is scheduled by the Justice Court but is generally the last week of the month.

If the resident pays all fees, including eviction filing reimbursement, using certified funds then the eviction may be dismissed with the courts.  Otherwise, when the court date arrives we represent the owner at the hearing and if eviction is granted the resident has five (5) days to pay the entire balance in full or vacate the home.  If the resident does not vacate then a Writ of Possession is filed with the Justice Court which allows the management company to return to the property accompanied by a Constable and the resident’s possessions are set on the curb. Cost of the Writ of Possession averages $180, depending on the county in which it is filed.