If you have ever acted as a landlord before, the chances are that you’ve dealt with a bad tenant. Bad tenants are an inevitability for real estate owners and landlords, which is why it’s important to understand the legal process of evicting a tenant. As a landlord, you should try to avoid pursuing eviction if possible, as an eviction means you will need to find a tenant to replace the problem tenant. Keep in mind that eviction is part of business, and if a tenant can’t pay you their monthly rent and uphold their end of the lease, you have every right to pursue eviction. Below, you will find some details on the right way to evict a tenant. If you are a landlord looking for legal advice regarding eviction, remember you can always reach out to Derryberry & Associates LLP for help.
1. Review Your State Landlord-Tenant Laws
If you are going to pursue eviction, you should make sure you are up to date on the landlord-tenant laws for your state. By doing so, you will be better prepared for the entire process and can get the eviction taken care of as quickly as possible. Keep in mind that every state has its own landlord-tenant laws and that some states are more tenant-friendly than others when it comes to evictions. You can always review your state’s landlord-tenant laws with the expert legal team at Derryberry & Associates LLP if you need additional insight.
2. Know Your Lease
It’s up to you to create a lease that details the eviction process and the ground for eviction. You should know your lease inside and out and instantly be able to recognize when there has been a violation of the lease. Some of the most common lease violations are rent violations, violating building rules, subletting, breaking the law, and damaging the property. Make sure that you are still upholding your duties as a landlord until the tenant has been officially evicted, otherwise you could run into potential legal issues.
3. Decide on What Eviction Notice You Will Use
The time will come when it’s time to send your tenant an official eviction notice. You need to decide if you want to allow the tenant an opportunity to remedy the situation or if you just want them to leave. It’s common for landlords to send the Notice to Pay Rent or Quit first to see if their tenants will agree to pay back their rent. The Notice to Cure or Quit gives tenants the opportunity to fulfill a special requirement in order to continue renting. The Notice to Quit is a notice that basically tells the tenant that they are being evicted without an opportunity to remedy the situation.
If you are having trouble evicting your tenant or would like legal advice about the right way to evict a tenant, contact the legal experts at Derryberry & Associates LLP today.