Walk It Through: Five Days And A Rule To Vacate
Rent behind, the magistrate's rule, ten days to show cause and the writ.
Rent was due on the first. On the sixth it still has not been paid, and the lease has a bold paragraph headed IF YOU DO NOT PAY YOUR RENT ON TIME.
Two things a person in this spot might do. Picking one shows what the law says about it.
A nonpayment eviction from a home. Belongings left on the street, appeals and their bonds, commercial leases and evictions from a manufactured home lot are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Rule to vacate or show causeThe written rule a magistrate issues on a landlord's application, requiring the tenant to leave or to show cause before the magistrate why not, within ten days after it is served.
- Search warrantA judicial officer's written order, issued on a sworn affidavit, identifying property and naming or describing the person or place to be searched, which must be executed and returned within ten days after it is dated.
- Writ of ejectmentThe magistrate's order to remove the tenant. The constable or deputy sheriff presents it and gives the occupants twenty-four hours to leave voluntarily.