How do I deal with this problem tenant?

Hello everyone I have a major problem. I'm a first-time landlord and have been hustled by a problem tenant. It's been a learning experience for sure and I feel stupid I didn't take more precaution, so please don't criticize me too much. My "tenant" will not pay rent and will not leave the property. I have served her with a notice to vacate from the county sheriff's office but she still will not leave. At the prosecuting attorney's office they will only accept civil complains if I have three things (1) lease copy, (2) notice to vacate copy from Sheriff's Office, and (3) the tenant's birthdate. I do not have the final piece of information and the tenant will most certainly not give it to me. I feel she might have also supplied me with a bogus name and/or social security number because I can't find information on her anywhere. Does anyone have any suggestions? Police? Change the locks and make her take action?

Where I am from, you have to file your eviction case with the Clerk of Courts in the Municipal Court. You lay down a $100+ filing fee and it is handled almost like a small claims case where you have to appear before the magistrate a few weeks after filing. The Clerk of Courts Office may be able to help you. The general steps are:
1. Renter fails to pay rent, fails to leave after lease is up, or has some other violation.
2. You request that the renter vacate.
3. The renter does not leave by the specified vacate date.
4. You file a case with the Clerk of Courts.
5. A court date is scheduled.
6. You go to the court hearing and hopefully win before a magistrate or judge.
7. The judge issues a writ giving you back possession of the unit you are renting and telling the renter she/he has to go within a specified timeframe.
8. If the renter does not go, the the bailliff from the sheriff's office comes to execute the writ.

You did not mention ever having gone to court, but it is the court that issues the judgment and writ of restitution that restores the rental unit to you. You state that you got a notice to vacate from the county sheriff's office, but in most places, YOU serve the notice to vacate and you serve before ever going to court. The sheriff's office does not get involved in the process until after the court issues the writ, which the sheriff's office executes when called upon to do so. The prosecutors office is not involved as eviction is a civil manner, not criminal.

I would strongly suggest you use an attorney from your area, who handles evictions, at least until you get a handle for what to do. Once you understand what needs to be done, then you can do it on your own.

As far as getting her name and birthdate, even if you have to be a little sneaky, there should be some way to get that. You could set up some bogus prize where she has to send her basic personal info to a third party in order to claim the prize, then you got it!!!

I don't see why a birth certificate would matter.... I dont ever remember giving mine when I have rented in the past.

If you filed for her eviction and the court certified it, just bring it to the sheriffs office and get them to remove her... and throw all her crap in the street.

I am sorry to hear about your problems. Rest assured (and not to jinx myself) but you'll rarely encounter problems that bad. The sheriff's dept should be able to assist you in either retrieving the tenant's birthdate, or if the person truly does not exist, then they should be able to provide you with a letter saying she presented false information on the lease. With a formal letter from the sheriff's office saying the tenant's information is invalid you should be able to get a court order to have her removed from the property. Whatever you do, DO NOT change the locks when she is not there. Although this may seem like an inviting option, and chances are nothing would ever happen to you, if she did decide to take the matter to court, you would be found guilty, and could quite possibly end up owing her a bunch of money followed by the whole issue staying on your record. Follow the process the legal way and the courts will eventually help you out. Best of luck to you.

iam sure that you can clear your doubts at http://realestatepropertynews.com/proble...

Are the utilities in her name or yours? When we had tenants in Houston, Texas that wouldnt pay rent and were evicted, we turned off the electricity. It was in our name. ( apartments)

Yeah I agree with the other person, what does a birth date or birth certificate matter? If they owe you money and you took them to court and got an eviction date then what we do in IL is call the sheriff if they still aren't out and the sherriff will set all of their belongings on the curb. It sucks but sometimes you have to do it. what state are you in?