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.
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.
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.
Health and Safety Issues In many jurisdictions, it is permissible for a landlord to evict tenants whose conduct is deemed hazardous to the health of other tenants, or if they pose a safety problem. To begin with, a landlord should serve the tenant with a fixed notice period (typically a week) to remedy the problem or move out. If the tenant takes no corrective action, eviction proceedings can ensue. Even if the tenant resolves the health or safety issue, a landlord can still serve a notice of eviction on health or safety grounds if the landlord deems it necessary.
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.
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.
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.
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.
Health and Safety Issues In many jurisdictions, it is permissible for a landlord to evict tenants whose conduct is deemed hazardous to the health of other tenants, or if they pose a safety problem. To begin with, a landlord should serve the tenant with a fixed notice period (typically a week) to remedy the problem or move out. If the tenant takes no corrective action, eviction proceedings can ensue. Even if the tenant resolves the health or safety issue, a landlord can still serve a notice of eviction on health or safety grounds if the landlord deems it necessary.
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.
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.
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.
Posts
No comments:
Post a Comment