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Considerations For A Landlord |
by E Renter |
http://www.e-renter.com
There comes a time when every landlord finds himself / herself
in a difficult position of having his rental property occupied
by a tenant who is not paying rent, or is making a nuisance of
himself and causing problems for other tenants, or is causing
immense damage to the rental unit, or his / her conduct makes it
impossible to continue with a landlord / tenant relationship.
Though, state laws governing eviction vary significantly, the
following are a few tips to help landlords finding themselves in
the unpleasantly messy situation of evicting a tenant.
As the owner of a significant number of residential units, it
will be to your benefit to engage a lawyer to advice you on
eviction issues, as well as, for handling legal actions. An
established relationship with a lawyer is useful as he will
carry out various legal tasks charging a flat fee only, whereas,
hiring a lawyer on a case to case basis can result in much
higher legal fees.
Evicting a Tenant for Non-payment of Rent
The eviction process involves serving a formal notice, informing
the tenant the rent is overdue, and he / she faces possible
eviction, if they do not pay on time. If a landlord is not
knowledgeable about the legal terms of a notice, there are
pre-printed forms which fulfil all legal requirements for a
proper notice. In case, the rent arrearage has not been paid
after the legally defined period i.e. usually, about a week, a
landlord can begin eviction proceedings on the basis of
non-payment of rent.
Bear in mind, if the tenant makes a partial payment during the
eviction process, in most jurisdictions the acceptance of any
payment of rent, even a small amount, can result in dismissal of
the eviction lawsuit for non-payment.
Lease Violation
When a tenant does not comply with the terms of the lease he /
she signed, a landlord must provide a written warning, referring
to the lease clause being violated, and allow him / her time to
remedy the problem. This is so the tenant cannot later claim
ignorance that he / she did not know, they were in violation of
the lease, or they received no notice of the violation. The
judge will be in favor of the landlord if it is established the
tenant ignored a prior notice and the deadline.
Health and Safety Issues
Certain tenants may pose a health or safety problem for other
tenants or for the property, in general. In many jurisdictions,
it is permissible for the landlord to evict tenants whose
conduct is hazardous to the health of other tenants or can
damage the property. First of all, a landlord should serve the
tenant with a fixed period of time notice (a week) to remedy or
repair the problem, or else move out. If no corrective action is
taken, a landlord can proceed with the eviction proceedings.
Even if a tenant resolves the issue, but you still want him /
her out, serve them a notice on eviction on health or safety
grounds, as well as, a notice stating their tenancy is being
terminated.
Bankruptcy
In the event a tenant files for bankruptcy, an automatic stay
prevents a landlord from continuing with the eviction
proceedings until the bankruptcy is resolved, or the bankruptcy
court permits eviction proceedings to continue by lifting the
stay. This may require a motion to be brought before the
bankruptcy court, asking for the stay to be lifted.
Tenant Counter-Claims
When a landlord begins eviction proceedings, some tenant may
bring counter-claims against the landlord, such as, inadequate
maintenance of property or violation of the lease, and may ask
the court to stop eviction proceedings or else for a substantial
rent decrease in arrearage owed.
This is why it is good practice to keep written records of any
complaints received from tenants about the rental unit or common
areas, and steps taken by the landlord to resolve them, as also
with warnings of tenant misconduct. Remember a landlord�s can
preclude a tenant�s claim that despite repeatedly complaining
about a problem with their unit, the landlord failed to respond
with positive action, as long as the landlord has kept records
of all interaction with the tenant and of action taken.
Trials
Before going to court, a landlord must ensure all his
documentation in relation to the case is in order and there is
nothing missing. Unless a landlord is conversant with the rental
laws of his state and has had enough experience in eviction
cases, it is also advisable to engage a lawyer, well versed in
property law of the state a landlord�s rental property resides
in.
The above should provide you with enough knowledge of what is
required for a successful eviction.
To know more visit:
http://www.e-renter.com/evictionsbackgrd.php
To know more, visit our website
http://www.e-renter.com/
This article courtesy of the
Articl-Dir.com
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