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.
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 There are times when tenants may be a health risk to other tenants and even the property. In most cases, a landlord has the right to evict someone who causes health risks to other tenants and the property itself. You will need to provide them with a notice stating the violation and the time they have to correct it, or move out. If they fail to take action, you can start eviction processes. You can even start the process if the tenant corrects their problems, on the basis of health and safety concerns.
Bankruptcy If a tenant files for bankruptcy, an automatic stay stops eviction proceedings until the bankruptcy is resolved or the bankruptcy court lifts the stay and allows the eviction to proceed. Lifting a stay in any circumstance may require a motion to be brought before the bankruptcy court.
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.
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.
Author Resource:
Layla Vanderbilt is the webmaster for a leading property management software review website which connects people with the leading property management tools.
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