25 Jan Understanding Laws Regarding Evictions Of Tenant By Landlord
Having to evict a tenant is never an enjoyable process. With the laws that vary from state to state and even county to county is can be a rather complicated process. The key is to be sure that you have followed the laws in the jurisdiction to be sure that it can go as smoothly as possible. An error could lead to the tenant being able to remain on the property even longer without paying or even a lawsuit.
Knowing the law is critical to having a successful and expedited eviction. It is highly recommended that you seek the counsel of an experienced eviction lawyer to assist you with the eviction process.
Typically, the first step in an eviction is giving the tenant legal notice. If you desire them to leave the property due to non-payment you will want to provide a notice that details the amount that they owe and information regarding the time frame within legal limits that they have to pay before official action will be taken. This time frame will vary depending on where it is taking place. It can be anything from 5 to 28 days. The key is knowing exactly what the law states to be sure that they will not have grounds to ignore the notice.
If a payment is not received by that time you are ready to file for an eviction of a tenant by landlord with your local municipality. When filing they may request a copy of the notice that you had given the tenant. Be sure that you keep a copy for yourself as well for when it comes time to present your case in court. You should also have documentation that shows the rent had not been paid in a timely manner. The more information that you have the better off you will be when you are in front of a judge.
At this point the tenant will need to be served with the notice of a court date. In some jurisdictions you may be able to just present this directly to the tenant or post it on the door. Some jurisdictions, however, may require that the documentation is presented to the tenant by a process server. Again, you want to be sure that you follow the letter of the law at this stage. Trying to save money or circumvent the law for any reason could result in your case being thrown out in court and having to start all over again. Going around the law could lead to you losing far more money in the end.
In many cases the tenant will leave the property before the day of court. Before entering the property and beginning any repairs you want to be absolutely certain they have moved out. Taking any action before court could result in significant legal problems. If they decide to stay at the property until court you want to be sure that you do not take any actions against them. Repeatedly calling or showing up to the property could be considered harassment by the court. While it can be frustrating, the tenant has the legal right to wait until a judgement from the court.
Even if the tenant does leave the property before the court date you will want to go to the hearing. They may be present and will have the opportunity to represent themselves when it comes to the money that you are owed. The judge will acknowledge that the tenant has vacated the property and set a date to determine a financial judgement. It is best to follow through so that it is entered into record that the tenant still does owe you past rent as well as for any damage there may be to the property.
Remember that the above information is only a reflection of the most common practices and laws. Take the time to be sure that you are absolutely clear on the law in your location. One error could result in a judgement in the tenant’s favor. Being thorough and diligent