If neither of the circumstances above applies, you will need to decide whether or not you want to post a possession bond. Posting a bond with the court is a method of speeding up the eviction process. If your eviction has merit, posting a bond will get the tenant out quicker.
The amount of the bond is up to the judge, but it usually equals approximately two times the monthly rental amount. You should be aware that if you lose in court, it is possible that some portion of your bond will go to your tenant, or if the judge orders the tenant to move out, but later decides that there was something wrong with the eviction, you could lose your bond.
If you post a bond with the court the eviction process speeds up. However, the tenant has the following options:
If the eviction is for non-payment of rent or other money owed under the rental agreement, then the tenant can pay you everything owed within three calendar days of receiving the bond notice and stay.
The tenant can slow the process back down by posting a counterbond. If this happens, you must request a trial, which in most cases will be held within 60 days after the date you served the complaint.
The tenant may request a hearing. This is what most tenants will do. If your tenant requests a hearing, in most cases the hearing must be held within seven calendar days from the date the possession bond notice is served on the tenant. If a hearing is held, the Judge will decide at that hearing whether the tenant can stay, or must move.
A bond can be posted with the court either in cash or certified funds, as a corporate bond, or as a property bond.
If you have filed a Plaintiff's Possession Bond, when the case is over, you can ask the court to release the bond by using the Motion to Release Bond from your OCAP papers. Once the Judge signs the judgment, the court will return your bond to you, or in the case of a property bond, the property will no longer be at risk.