Eviction Notice on Door

Eviction: The FAQs

Laws in each state set forth procedures for a variety of legal matters, including matters like the posting of a bail bond or the eviction of a tenant.

The laws regarding bail bonds and eviction cases are crucial because these events occur at a juncture in a person’s life that typically is particularly challenging and stressful.

Bail Bond Procedure

The bail bond process commences at the time of a person’s arrest and booking on a criminal charge, usually a felony. A bail bond representative typically is telephoned, by the arrested person, or a family member or friend.

The court sets a specific amount of money or collateral that will be required to permit the release of a person from jail pending further court proceedings. But obtaining a bail bond, a person is able to pay a percentage of the amount ordered by the court to a bail bond company. The bail bond company then puts up the bond with the court on behalf of an arrested person.

Typically, the amount a person has to pay to a bail bond company is about 10 to 15 percent of the face amount of the bond amount set by the court. In some cases involving a higher bond amount, a co-signer may be necessary. Typically, a co-signer is a family member.

Once the bond has been posted by the bail bond representative, an arrested person can be released from jail. If he or she fails to appear at future court proceedings, the court may revoke the bond. In the alternative, the bail bond company may withdraw the bond before a failure to appear occurs based on a concern that a defendant in a case may not comply with court orders.

Eviction Procedure

The eviction procedure commences with a landlord giving a proper notice to remedy a lease violation or vacate the premises. The notice sets forth a specific time frame in which this must occur. If the issue is remedied, the notice to quit is vacated and the tenant can remain in the premises. If the issue is not addressed, the eviction process can move forward.

When a notice to remedy or quit is served on a tenant, he or she typically has three days or 72 hours to address the underlying problem. The time frame does vary from one state to another.

If the issue is not remedied, a landlord files a petition or complaint in the district or county court seeking to remove a tenant from the premises. This type of case is either called an eviction lawsuit or a wrongful detainer case.

The court schedules the case for a hearing. The hearing will be scheduled rather quickly. At this initial hearing, the court will hear brief statements from the landlord and the tenant. If the tenant requests, the case will be set for an eviction trial. The trial will be scheduled fairly quickly, because of the nature of an eviction case.

If the tenant indicates he or she has not real defense to the eviction lawsuit, he or she may agree on a move-out state with the landlord at the court hearing. The agreement can be made the order of the court.

If the tenant does not appear at the initial hearing, the court will enter a default judgment. If that occurs, the landlord can seek to have the tenant removed from the premises by the sheriff.

If a trial is requested, the landlord and tenant present their cases to the court. The court considers the evidence and then issues an order. If the court finds in favor of the tenant, the case ends. If the court rules in favor of the landlord, the eviction continues. The judge will issue an order directing the sheriff to remove the tenant from the premises. Oftentimes, at the conclusion of a trial, the landlord and tenant will agree on a move-out date by the tenant, which will be included in the final order of the court. If the tenant voluntarily moves out, the sheriff need not be involved in the process.

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