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A Guide For Preparing Yourself For Eviction

Jul 7, 2008
During this time of recession, "bank owned" signs and eviction notices seem to be everywhere you look. If you are a property manager or landlord, it is especially important to take extra provisions to protect your rental properties so that you don't lose money in the long run. One preventative measure is to find an attorney that specializes in the eviction process prior to ever requiring his services.

When seeking out an eviction attorney, plan to meet and interview a few on the phone, or in person, so that you can get some foresight into the way you interact with them and the way they conduct their business. It is important to find an eviction attorney that shares your views and ideas on when it is appropriate to serve an eviction notice, and the involvement level expected of you as the property manager or landlord, and them as the attorney. Additionally, you want to make sure that they are available to answer questions or concerns on an as-needed basis. Be sure, as well, to check each attorney's credentials and case record. You want to be sure that the attorney you select has a reputation for winning cases for the property managers and landlords he has represented.

After selecting an eviction attorney with whom you feel comfortable, you should map out the eviction process, so that you can be sure you know the materials and forms you will need to file for an eviction. Eviction laws vary by state, and sometimes by city or county, so be sure to question your attorney on these differences so that you have the appropriate related documentation prepared and available.

Furthermore, you should prepare the legal forms necessary for eviction so that should a situation present itself, you are prepared, and do not have to go scavenging around for the appropriate forms. This can waste time and money.

Finally, you should create an outline based on your meeting with your attorney of the eviction process. Then you should use this outline as a model should an eviction situation arise. That being said, if you are close with the affected tenant, or a special situation is causing their lack of payments, you can use best judgment to decide clemency. Otherwise, you must stick to your outline, especially if there is a lack of communication between you and the tenant. Do not be too lax or a pushover in serious situations such as these.

For help formulating and sticking to your outline, the Internet is a great resource. Find a website that has all the necessary forms, such as late notices, for you to use. You should send your tenant a late notice every time their rent is late, and keep a copy of each notice in a file. You will be able to refer back to these notices in the event of an eviction.

Remember, do not wait until the last minute to evict a delinquent tenant. Readily having an evictions attorney available for the process, or simply for advisement, will greatly aid you in such a situation.
About the Author
Read more articles from the author, Kevin Kiene, at his on-line resource for Landlords, www.ezLandlordForms. Take control today of your rental situation and create a Rental Agreement using state-of-the-art Lease Builder Wizard, the only Intelligent Document System for State specific Lease / Rental Agreements.
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