Managing Evictions For Landlords
If you?ve been a landlord long enough, you know that sooner or later you?re going to have to deal with a difficult tenant. Maybe you have a tenant who refuses to pay his or her rent. Perhaps he is engaging in conduct that threatens to damage your property. It could be that he?s making a nuisance of himself and causing problems for your other tenants. If you have a tenant who has made it impossible for you to continue the landlord/tenant relationship with him, you do have remedies available to you. This article sets forth some of what you can do if you find yourself in this position.
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.
IF a tenant files for bankruptcy, such an action stays any eviction proceeding commenced by a landlord until the bankruptcy issue is resolved, or the bankruptcy court lifts the stay and allows the eviction proceeding to go forth. IN said case, the landlord is usually required to move before the court asking that the stay be lifted.
Tenant Counter-Claims Tenants can bring counter-claims against a landlord after eviction proceedings have begun. The basis of these counter-claims may be inadequate maintenance, or violation of the lease, and the tenant may ask the court to stop eviction proceedings or a substantial decrease in the amount of rent in arrears. As a result, it's a good practice to keep written records of complaints received from tenants about individual units or common areas that also detail steps taken by the landlord to resolve them. A landlord can then address the tenant counter-claim by demonstrating the actions taken to resolve problems reported.
Trials you must make sure you have all your paperwork together before you go to court. You don't want to find out that there is something missing, when its too late. Unless you are very familiar with all the rules and regulation of your states rental laws, hiring a lawyer who is up to date on this, will be a plus. This article should give you a good grasp on what exactly it is that you need to do in order to begin the eviction process on one of your tenants. - 23305
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.
IF a tenant files for bankruptcy, such an action stays any eviction proceeding commenced by a landlord until the bankruptcy issue is resolved, or the bankruptcy court lifts the stay and allows the eviction proceeding to go forth. IN said case, the landlord is usually required to move before the court asking that the stay be lifted.
Tenant Counter-Claims Tenants can bring counter-claims against a landlord after eviction proceedings have begun. The basis of these counter-claims may be inadequate maintenance, or violation of the lease, and the tenant may ask the court to stop eviction proceedings or a substantial decrease in the amount of rent in arrears. As a result, it's a good practice to keep written records of complaints received from tenants about individual units or common areas that also detail steps taken by the landlord to resolve them. A landlord can then address the tenant counter-claim by demonstrating the actions taken to resolve problems reported.
Trials you must make sure you have all your paperwork together before you go to court. You don't want to find out that there is something missing, when its too late. Unless you are very familiar with all the rules and regulation of your states rental laws, hiring a lawyer who is up to date on this, will be a plus. This article should give you a good grasp on what exactly it is that you need to do in order to begin the eviction process on one of your tenants. - 23305
About the Author:
Layla Vanderbilt is the webmaster for a leading property management software review website which connects people with the leading property management tools.
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