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A Landlord's Guide To The Eviction Process

Aug 17, 2007
This article is aimed at owners, who want that their tenants to move out of a property. For removing the tenants from the property, landlords must utilize the help of eviction process. With the help of this process, also known as Summary Proceedings, the lawful owner of the property takes possession very quickly.

Many Steps Involved in Eviction Process
There are several steps described in the overall landlords guide to the eviction process. It begins with the landlord issuing an eviction notice. After the notice, a series of court appearances and a trial takes place. The chances of your success depend much on how better you present your arguments to prove your case. You may get an order of eviction if you succeed in satisfying the magistrate. After the issuance of this order, it is the responsibility of a court officer to vacate the rental property by removing the tenants and their belongings. However, in most of the cases, long before the stage of physically evacuating arrives, landlords and tenants agree on a settlement. Landlords should never try to physically evacuate the person.

When You Can Start The Eviction process
According to the landlords guide to the eviction process there are seven reasons to start the eviction process. Here is a list of the reasons.

1. Not paying the amount of rent.

2. Continuously damaging the property

3. Any severe health hazard.

4. Involvement in any kind of illegal drug activities.

5. Violating any of the terms of the lease.

6. Unauthorized entry such as forceful entry.

7. Not moving out even after expiry of lease term.

How To Evict More Than One Tenant
Is it possible to remove tenants, who are paying partial rent, just because their roommate has left? The landlords guide to the eviction process says yes, you can, because getting the full amount of rent is your right. You must include a joint and several liability clause in the agreement that gives you the right of collecting the full amount of rent from any of the tenants. In addition, in the case of non-payment of rent or violation of any other term, this clause also gives you the right to force any or all of the tenants to move out.

How Much Time To Wait Before Issuing Notice
The landlord must wait for a definite time period for each reason. Depending upon the reason, this period may be one day, one week, or even one month.
About the Author
David Gass is President of Business Credit Services, Inc. His company publishes a free weekly e-newsletter on Small Business Consulting at their web site http://www.smallbusinessconsulting.com
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