Every landlord finds himself or herself in the challenging situation of dealing with a problem tenant. They may not be paying rent, damaging the rental unit, being a nuisance to other tenants, or otherwise making it impossible to have an effective landlord/tenant relationship. State and local laws governing eviction vary widely, there are still a few tips landlords can follow when faced with the messy situations leading up to evictions. As the owner of multiple housing units, it will be to your benefit to consult a lawyer to advise you on these issues, as well as to execute legal actions. Having an ongoing relationship with a lawyer is helpful, as they'll be more likely to charge flat fees for their services.
Evicting A Tenant For Not Paying Rent There is a process you need to take in order to start the eviction of someone. The first thing you need to do is file a formal notice letting the tenant know that rent is overdue, and failure to pay on time, could lead to their possible eviction. If as a landlord, you're not familiar with the legal processes, there is help for you online. For example, if the rent hasn't been paid after the week you have given them to pay it, its your right to start eviction processes based on the fact that rent wasn't paid. if you happen to accept any amount of rent during the eviction process, in most places, that can lead to your eviction suit being thrown out. it doesn't matter how small the amount is.
If the tenant does not comply with the terms of a signed lease agreement, the landlord must supply a warning to the tenant stating the basis for such a claim ? i.e., the lease provision that has been violated ? and allow him to remedy the violation. That way, the tenant cannot later claim ignorance of the violation, or that he received no notice of the violation. Usually the courts will be favorably disposed toward a landlord who can show that the tenant ignored a prior notice and deadline.
Health And safety Issues There are times when tenants may be a health risk to other tenants and even the property. In most cases, a landlord has the right to evict someone who causes health risks to other tenants and the property itself. You will need to provide them with a notice stating the violation and the time they have to correct it, or move out. If they fail to take action, you can start eviction processes. You can even start the process if the tenant corrects their problems, on the basis of health and safety concerns.
Bankruptcy If a tenant were to file for bankruptcy, the eviction proceedings will be put on hold. There will be a hold untl the bankruptcy case is resolved, or if the courts allow you to continue with the eviction. This will require the filing of a motion asking the courts to lift the temporary stay.
Sometimes when a landlord commences an eviction action, the tenant may have counterclaims. For instance, the tenant may claim inadequate maintenance of the leasehold or some other violation of the lease agreement. IN said case, the tenant might ask the court to halt the eviction proceedings, or for a substantial decrease in the monthly rent. That?s why it?s always a good idea to keep any records of tenants? complaints, and of steps taken by the landlord to remedy them. Take note that if the landlord has in fact kept such records including those of actions taken to remedy the tenant?s complaints, he can thus negate a tenant?s claim that despite repeated attempts to complain about the problem, the landlord took no action.
In the event that an eviction action is headed for trial, the landlord should get all his documents related to the case in order, making sure nothing is missing. It is also wise to retain the services of an attorney unless the landlord is knowledgeable of his state?s rental laws and has had sufficient experience in eviction cases. IF you?re a landlord facing an eviction action, you can?t go wrong by following the steps listed above.
Evicting A Tenant For Not Paying Rent There is a process you need to take in order to start the eviction of someone. The first thing you need to do is file a formal notice letting the tenant know that rent is overdue, and failure to pay on time, could lead to their possible eviction. If as a landlord, you're not familiar with the legal processes, there is help for you online. For example, if the rent hasn't been paid after the week you have given them to pay it, its your right to start eviction processes based on the fact that rent wasn't paid. if you happen to accept any amount of rent during the eviction process, in most places, that can lead to your eviction suit being thrown out. it doesn't matter how small the amount is.
If the tenant does not comply with the terms of a signed lease agreement, the landlord must supply a warning to the tenant stating the basis for such a claim ? i.e., the lease provision that has been violated ? and allow him to remedy the violation. That way, the tenant cannot later claim ignorance of the violation, or that he received no notice of the violation. Usually the courts will be favorably disposed toward a landlord who can show that the tenant ignored a prior notice and deadline.
Health And safety Issues There are times when tenants may be a health risk to other tenants and even the property. In most cases, a landlord has the right to evict someone who causes health risks to other tenants and the property itself. You will need to provide them with a notice stating the violation and the time they have to correct it, or move out. If they fail to take action, you can start eviction processes. You can even start the process if the tenant corrects their problems, on the basis of health and safety concerns.
Bankruptcy If a tenant were to file for bankruptcy, the eviction proceedings will be put on hold. There will be a hold untl the bankruptcy case is resolved, or if the courts allow you to continue with the eviction. This will require the filing of a motion asking the courts to lift the temporary stay.
Sometimes when a landlord commences an eviction action, the tenant may have counterclaims. For instance, the tenant may claim inadequate maintenance of the leasehold or some other violation of the lease agreement. IN said case, the tenant might ask the court to halt the eviction proceedings, or for a substantial decrease in the monthly rent. That?s why it?s always a good idea to keep any records of tenants? complaints, and of steps taken by the landlord to remedy them. Take note that if the landlord has in fact kept such records including those of actions taken to remedy the tenant?s complaints, he can thus negate a tenant?s claim that despite repeated attempts to complain about the problem, the landlord took no action.
In the event that an eviction action is headed for trial, the landlord should get all his documents related to the case in order, making sure nothing is missing. It is also wise to retain the services of an attorney unless the landlord is knowledgeable of his state?s rental laws and has had sufficient experience in eviction cases. IF you?re a landlord facing an eviction action, you can?t go wrong by following the steps listed above.
About the Author:
Layla Vanderbilt is the webmaster for a leading property management solution review website which connects people with the leading property management tools.
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