“How To Evict Tenants With An Eviction Lawyer” written by Mike Marko
Do you know how an eviction lawyer can help when it comes to evicting tenants?
When managing rental property businesses, encountering irresponsible tenants or those who are bad payers of rent is inevitable. It’s a natural reaction for property managers to pursue evicting those kinds of tenants, particularly if the situation has already been happening for quite some time.
This, however, is not something that can be simply done out of a whim.
Property managers will require the help of eviction lawyers in handling these kinds of situations. Many experienced landlords or property managers consult lawyers in the majority of their decisions to avoid any violations of the rental laws.
Lawyers are there to help when they are making a lease agreement, negotiating contracts, and most especially when it comes to evicting tenants.
If you’re experiencing a dilemma and would like to consult with an eviction lawyer, then this article can serve as a guide on how to go about it.
Successfully Using Eviction Lawyers
If you’re about to evict a tenant, consulting an eviction lawyer should be one of your priorities. The process of evicting a tenant is complicated and you need to make sure that you’re following the right procedure.
This will increase your chances to win the eviction lawsuit, should the situation reach that far.
How do you evict a headache-inducing tenant? Let’s discuss the process below.
Common Reasons Of Eviction
First of all, you must have a valid reason for evicting a tenant before you can actually proceed to do so. Property managers must receive a court order first before they can even lockout or evict a tenant from their property.
Here are the most common reasons for eviction:
1. The tenant is not paying rent.
The most common reason for eviction is the constant failure to pay the monthly rent. Any failure or delay in paying the rent can damage a relationship between the property manager and the tenant, possibly resulting in an eviction over time.
2. Excessive damages have been done to the property.
The tenant is responsible for taking care of the property. If there’s any damage that is done, it becomes a big deal for property managers. When the tenant is consistently not respecting you and your property, then it’s a good reason to evict them.
3. Illegal activities or violation of policies has been committed inside the rented property
As the property manager, your primary responsibility is to take care of your business and your tenants. You are accountable for keeping them away from any dangers. In fact, securing the safety of your tenants must be your primary concern.
If there’s a tenant who is involved in crime or violating your policies, then evict them immediately. You must keep your rental property business away from any illegal activities or individuals to secure your other tenants’ safety.
When Do You Need An Eviction Lawyer?
If you already have a valid reason for evicting a tenant, then you can proceed with the correct procedure of eviction. However, before you make the first step, it is advisable to consult an eviction lawyer first.
Here are the most reasons why an eviction lawyer might prove useful:
- If it’s the first time that you will evict a tenant
- If the tenant that you want to evict is fighting the eviction and has a lawyer
- If the tenant is an employee who you want to fire
- If the tenant is filing for bankruptcy
- If you must comply with rent control or housing program rules for eviction
Since you gave the tenant a permission to use your property, it’s their right to fight for their home. It is for this particular reason that often causes judges to sway and take the tenant’s side, making it difficult to win cases. Many property managers without lawyers specializing in eviction cases have failed to win lawsuits.
The Right Process Of Evicting Tenants
Make sure to follow the legal procedure of evicting a tenant to successfully complete an eviction process. Take a look at the correct procedure of evicting a tenant.
1. Make a decision before you evict the tenant.
Make sure that you have a valid reason for evicting your tenant. If in doubt, ask yourself these questions:
- Has the tenant failed in paying their rent?
- Cause a lot of damage to your property?
- Or not following your policies?
Any negative behavior from the tenant can be a reason to evict them, but it is important to ensure that this reason is valid.
2. Familiarize yourself with the Landlord and Tenant Act
Once you already have a reason for eviction, it is advisable to study or learn the Landlord and Tenant Act in order to be aware of the do’s and don’ts during the eviction process. This will also let you be familiarized with the different laws and realize what your tenants’ violations are and how to deal with them.
You can get a copy of the Landlord and Tenant Act from your state attorney’s website. If the document is not available online, you can always get the printed version at a local office or through a lawyer.
3. Issue eviction notice.
Many states require property managers to issue or give an eviction notice first before they can actually start the process. The laws regarding when property managers should give the eviction notice may vary from each state but it is commonly given a week before the start of the process.
When writing an eviction notice, you need to include the date of the delivery, the timeframe that the tenant has to correct their mistakes and the exact date of the eviction process. Then, let an attorney review the eviction notice to determine the proper requirements for a “Notice To Quit.”
4. File for eviction of the tenant.
Consult an eviction lawyer to make sure that the steps being undertaken are within the law. You can file the eviction at your local courthouse, where you will be required to pay a fee before proceeding. Once the paperwork is complete, a hearing date will be given and the court will notify the tenant.
5. Prepare the necessary documents
It is recommended that all the information you have will be collected before the hearing date. Prepare documents such as:
- lease agreement
- a copy of the written notice
- bank statements
- missing rent payments or returned checks
- records of all communication between you and the tenant
Aside from the documents, you should also be prepared with what you’re going to say in the courtroom. Be comfortable and don’t let yourself regret by leaving any details out. Keep in mind that whatever you confess in the courtroom will be the key in winning the eviction case.
6. Evict the tenant.
You can now evict the tenant if you win the case. In some states, the evicted tenant has 48 hours to leave the property. If the time expires and your tenant did not leave the property, you can call a sheriff to help you remove the tenant from the property.
Final Thoughts About Eviction Lawyer
In this blog post, we have outlined the reason for having a lawyer who specializes in eviction cases is important when trying to evict a tenant. Facing an eviction lawsuit is not a minor issue, and property managers need to seek help to increase their chances of winning the case.
Before proceeding with the eviction, ensure that you have a valid reason for doing so. Common reasons for evicting a tenant are: failure to pay rent, excessive damages were done to property, and illegal activities and/or violation of policies have been committed.
Once this has reason has been determined, it’s recommended to consult an eviction lawyer given the complicated procedure of the eviction process. Follow the procedures mentioned above and consult an eviction lawyer in each step to ensure. Seeking the help of an eviction lawyer is the smartest move that you’ll make when dealing with an eviction lawsuit.
If you have any comments regarding eviction lawyers, you can leave them below.
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