A landlords Guide To Eviction Proceedings
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.
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.
Violation Of Lease If a tenant is not following the terms of the lease hey signed, there are certain things you must do as a landlord. You must give them a written warning explaining what they violated, and also give them ample time to correct this problem. This is for your protection against a tenants claim that they didn't know they were in violation of any terms, and that they also never got any sort of notice. This will have the judge on your side because its all documented.
Some tenants pose a health and safety issue to other tenants, or even to the property itself. In many jurisdictions, a tenant who endangers the health or safety of either the other tenants or the property can be evicted. To commence such an action, the landlord must first serve the tenant with notice setting forth a fixed period of time to remedy the situation or move out. If the tenant takes no action, the landlord may commence eviction proceedings. Even if the tenant does remedy the situation, the landlord may still serve him with a notice of eviction and termination of the tenancy on health or safety grounds.
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.
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. - 23223
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.
Violation Of Lease If a tenant is not following the terms of the lease hey signed, there are certain things you must do as a landlord. You must give them a written warning explaining what they violated, and also give them ample time to correct this problem. This is for your protection against a tenants claim that they didn't know they were in violation of any terms, and that they also never got any sort of notice. This will have the judge on your side because its all documented.
Some tenants pose a health and safety issue to other tenants, or even to the property itself. In many jurisdictions, a tenant who endangers the health or safety of either the other tenants or the property can be evicted. To commence such an action, the landlord must first serve the tenant with notice setting forth a fixed period of time to remedy the situation or move out. If the tenant takes no action, the landlord may commence eviction proceedings. Even if the tenant does remedy the situation, the landlord may still serve him with a notice of eviction and termination of the tenancy on health or safety grounds.
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.
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. - 23223
About the Author:
Layla Vanderbilt is the content coordinator for a leading property management solution review website which connects people with the leading property management tools.
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