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Can a Dept of Corrections inmate file for eviction against a civilian

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  • Can a Dept of Corrections inmate file for eviction against a civilian

    Can a DOC inmate file for eviction against a civilian?

  • #2
    Re: Can a Dept of Corrections inmate file for eviction against a civilian

    ??? You mean to evict someone out of the home you own? Yes, but you will need to hire an attorney to do it. Only the owner, an attorney, or in some states a property manager can file an eviction or serve the proper notices, Since the DOC inmate is unable to serve the notices properly or travel to the courthouse to file or attend hearings, he or she would have to hire an attorney to do this for them.

    Before an eviction could be filed, the correct notice would have to be served to the tenant.
    -If for non-payment, a Pay or Quit notice or an Unconditional Quit notice (depending on which state) would need to be served to the tenant by the proper method of service.
    -If there is no lease and the unit isn't under rent control or in the state of NH, the owner would have to serve a notice of termination of tenancy to the tenant. This notice can be from 7 days to 60 days in length depending on the state.
    -If for lease violations, the owner would have to serve a Perform or Quit notice or an Unconditional Quit notice (again, depending on the state and the violation).
    You have to wait for all of these types of notices to expire before an eviction can be filed. In the case of a Pay or Quit or a Perform or Quit, the tenant can remedy the situation (by paying or correcting the violation) within the notice period and still be allowed to stay. You would not be able to evict if they fixed the situation by paying or correcting the violation.
    -If a lease is in place, and no violations or payment issues exist, you must honor the lease until it ends.

    If you provide the name of the state, and the reason for the termination/eviction, I can give you more information.

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