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Managing Evictions For Landlords
Every landlord has found themselves at one point or another dealing with a bad tenant. There could be many reasons why this tenant is bad. Some of these reasons are; doesn't pay rent, makes life hard for other tenants, and causes damages to the property. All these things make it hard for the landlord to keep the relationship going. Even though all states have different eviction laws, here are some tips that you will be able to use if you find yourself in that situation. It would be smart to get a hold of a lawyer in order to handle your legal issues and give you advice on your pending eviction. Since its more expensive to hire a lawyer on a case by case basis, you should build a working relationship with one so that you avoid the higher legal fees.
Evictions for Non-Payment of Rent An eviction for non-payment involves serving a formal notice to the tenant informing them that their rent is overdue, and that he or she faces possible eviction if payment is not made on time. Pre-printed forms which fulfill all legal requirements for a notice are available for those landlords that aren't familiar with the appropriate terms. If the rent in arrears is not paid after the legally defined period (usually a week), a landlord can then begin eviction proceedings. It's important to remember that if a landlord accepts a partial payment during the eviction process, this can result in the dismissal of the eviction proceedings for non-payment of rent in most jurisdictions.
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 files for bankruptcy, an automatic stay stops eviction proceedings until the bankruptcy is resolved or the bankruptcy court lifts the stay and allows the eviction to proceed. Lifting a stay in any circumstance may require a motion to be brought before the bankruptcy court.
Tenant Counter-claims A tenant might bring counter claims against a landlord when they are served with eviction proceedings. Some of these claims will be that the property wasn't well maintained, and that the lease was violated. Thus asking the courts to stop eviction proceedings or lower their current rent. This is a great reason for you to keep all records of complaints about the property and the steps you have taken to correct it. Their claims will be thrown out if you have written record of all your proceedings with them, concerning this issue. Save yourself the headache, and write everything down.
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.
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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