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.
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.
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 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 Prior to going to court, a landlord must collect all the documentation relating to the case and ensure nothing is missing. Unless the landlord is very familiar with their local rental laws and has experience in eviction cases, it's a good idea to hire a lawyer knowledgeable about the state's eviction laws. - 31904
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.
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.
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 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 Prior to going to court, a landlord must collect all the documentation relating to the case and ensure nothing is missing. Unless the landlord is very familiar with their local rental laws and has experience in eviction cases, it's a good idea to hire a lawyer knowledgeable about the state's eviction laws. - 31904
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