1 Day Late on Rent Can Land You in Jail? A Shockingly Draconian Renters Law (Hard Times USA)

[pipoman]

2. I couldn't tell

if the 10 day notice is a court document?

In my state eviction is a civil procedure with no criminal penalty until/unless the tenant(s) ignore a court order, or become violent during the eviction process. A "10 day notice" is part of the eviction process here. The notice is not part of a court case unless the tenant does not vacate during the 10 days. Then the landlord files a civil case against the tenant. Part of the civil filing is a copy of the 10 day notice and when/who it was served or posted. After the filing an order for appearance is issued, usually between several days and a month from the filing..this must be personally served or posted..many judges are open to hear service disputes if this paper is served/posted by the landlord as opposed to an officer of the court. If the tenant appears the judge will listen to their pleas and will determine a date by which the residence must be vacated. If the tenant does not appear, the court will usually issue an order for immediate eviction. The eviction order must be served by an officer of the court and is immediate upon service. Often, probably 75% of the time, when the tenant did not appear, by the time I would get there with the eviction order, the tenant was already out and I would simply call the landlord to change the locks or call a locksmith and post the notice of trespass if the tenant returns without making arrangements with the landlord. If the person refuses to leave at this time they can be cited for contempt or several other misdemeanor possibilities (failure to comply, disorderly conduct, impairing official duty, etc). All this takes a month or 2 at best..there is no criminal penalty for failure to pay any debt including rent.

Sounds like AR needs a civil procedure overhaul..