Managing Evictions For Landlords
If you?ve been a landlord long enough, you know that sooner or later you?re going to have to deal with a difficult tenant. Maybe you have a tenant who refuses to pay his or her rent. Perhaps he is engaging in conduct that threatens to damage your property. It could be that he?s making a nuisance of himself and causing problems for your other tenants. If you have a tenant who has made it impossible for you to continue the landlord/tenant relationship with him, you do have remedies available to you. This article sets forth some of what you can do if you find yourself in this position.
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 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.
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.
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. - 23204
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 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.
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.
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. - 23204
About the Author:
Layla Vanderbilt is the webmaster for a leading property management software review website which connects people with the leading property management tools.
posted by X - Men @ 12:54 AM
0 Comments
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home