1. 3 Day Notice. If the tenant fails to pay rent within your specified grace period (normally by the 7th of each month), we will issue and serve on the tenant a 3 Day Notice. If the tenant ignores you and fails to pay within this 3 day period, the next step would be to prepare the Notice and Petition.
2. Notice and Petition. The Notice contains the location of the court, the date & time of the court proceeding, and general information required by the court. The Petition contains specific information required by the court and required by law. The Notice and Petition is then served on the tenant, with all necessary notarized signatures and court seals. An original court sealed copy of all of the above paperwork is then filed with the court along with an Affidavit of Service. All documents must be served within certain time limits.
3. Affidavit of Service. This form is a sworn, notarized form with specific language signed by the process server stating the date and time the tenant was served with all notices.
4. Warrant of Eviction. If the tenant does not pay the rent plus any late fees at the court proceeding, the Judge will issue a Warrant of Eviction. If the tenant does not move out on their own, the Warrant can be filed with the Saratoga County Sheriff’s Department for an additional fee. The Sheriff will then remove the tenant within 72 hours. We will provide this form for you.
5. Judgment. The court will also issue a money Judgment for past due rent and late fees owed, along with all court fees and costs for the court proceeding. We will provide this form for you.