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.
First, you can evict a tenant for non-payment of rent. To do this, you have to go through a process. Start with serving the tenant with a formal notice that the rent is overdue, and that he faces the possibility of eviction if payment is not forthcoming. If you don?t know how to create such a formal notice, there are preprinted forms that comply with all the legal niceties. IF you don?t receive payment within the legally prescribed period, such as within a week, you can begin eviction proceedings based on non-payment of rent. Be forewarned, however, that if you accept even a partial payment of the overdue rent during the eviction process, most jurisdictions will dismiss the action if payment of any amount, even a very small one, is accepted.
Violation of Lease Terms If a tenant hasn't complied with the terms of the lease they have signed, a landlord is required to provide a written warning detailing the lease clause being violated. The landlord must then allow the tenant time to remedy the problem so that the tenant cannot later claim either ignorance of the lease violation, or that they received no notice of the violation. A judge will generally rule in favor of the landlord if he or she is able to establish that the tenant ignored a prior notice.
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.
IF a tenant files for bankruptcy, such an action stays any eviction proceeding commenced by a landlord until the bankruptcy issue is resolved, or the bankruptcy court lifts the stay and allows the eviction proceeding to go forth. IN said case, the landlord is usually required to move before the court asking that the stay be lifted.
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.
In the event that an eviction action is headed for trial, the landlord should get all his documents related to the case in order, making sure nothing is missing. It is also wise to retain the services of an attorney unless the landlord is knowledgeable of his state?s rental laws and has had sufficient experience in eviction cases. IF you?re a landlord facing an eviction action, you can?t go wrong by following the steps listed above. - 23221
First, you can evict a tenant for non-payment of rent. To do this, you have to go through a process. Start with serving the tenant with a formal notice that the rent is overdue, and that he faces the possibility of eviction if payment is not forthcoming. If you don?t know how to create such a formal notice, there are preprinted forms that comply with all the legal niceties. IF you don?t receive payment within the legally prescribed period, such as within a week, you can begin eviction proceedings based on non-payment of rent. Be forewarned, however, that if you accept even a partial payment of the overdue rent during the eviction process, most jurisdictions will dismiss the action if payment of any amount, even a very small one, is accepted.
Violation of Lease Terms If a tenant hasn't complied with the terms of the lease they have signed, a landlord is required to provide a written warning detailing the lease clause being violated. The landlord must then allow the tenant time to remedy the problem so that the tenant cannot later claim either ignorance of the lease violation, or that they received no notice of the violation. A judge will generally rule in favor of the landlord if he or she is able to establish that the tenant ignored a prior notice.
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.
IF a tenant files for bankruptcy, such an action stays any eviction proceeding commenced by a landlord until the bankruptcy issue is resolved, or the bankruptcy court lifts the stay and allows the eviction proceeding to go forth. IN said case, the landlord is usually required to move before the court asking that the stay be lifted.
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.
In the event that an eviction action is headed for trial, the landlord should get all his documents related to the case in order, making sure nothing is missing. It is also wise to retain the services of an attorney unless the landlord is knowledgeable of his state?s rental laws and has had sufficient experience in eviction cases. IF you?re a landlord facing an eviction action, you can?t go wrong by following the steps listed above. - 23221
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.
posted by X - Men @ 12:38 AM
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