As a landlord you will eventually face the day when you have to evict a tenant from you rental property. It’s definitely not the most pleasant of tasks especially when your renter is a good one and maybe circumstances beyond your control or theirs forces them out. Keep in mind that your first line of defense is to run a tenant screening check before you rent to anyone to weed out the habitual offenders. Go here to get a credit check at the ApplicantScreeningCompany now.
While you own the property and have all rights to it, you still need sufficient reason to evict a tenant and it’s important that you know what your tenant’s rights are. In order to avoid any possible legal ramifications, you also need to know how to evict your tenant properly.
You must be knowledgeable of the laws in your local town and state that govern renting and evicting tenants from a property that you own and what the exact process is that you need to follow. These laws are designed to protect both you as the landlord as well as the all renters of your property.
If you deviate from any of these laws, you leave yourself open to lawsuit. The tenant can take you to court and challenge your actions if they feel they have been mistreated. Because no two states have the same law, you need to make sure that you understand the law in the state in which you live. You can find a list of each state’s laws listed at the bottom of this article.
There are some things that you absolutely cannot do. For example, you do not have the right to evict a tenant simply based on their race, gender, physical disability, and other categories as laid out in the equal rights amendment laws in your state. You cannot evict them for any of these reasons even if a legitimate problem arises while they are renting from you. As long as the tenant is respectful of you and your property and does not cause any untoward damage or harm to you or anyone else that may be in the area of the property, then you cannot evict them on these basis.
Additionally, you do not have the right to enter the rental property and throw your renter’s belonging onto the street nor have their utilities shut off simply because they do not pay the rent on time. The law considers this an invasion of the privacy even though you own the home. You need to sit down and discuss the problem with the tenant first and give them a chance to explain why they are late making the rent.
You generally do not want to evict a renter simply because they’re late one time. However, if they should become problem defaulters, then you will want to consider having an eviction notice served, giving your renter’s ample time to vacate the property. If they refuse to go, you can take the matter to court and have the tenant physically removed if no settlement is reached.
Most lawsuits and settlements in tenant landlord eviction cases fall in favor of the landlord if you have a legitimate reason to evict your tenants. But you must follow the appropriate legal process. On the other hand, if you are providing your tenants with below-standard accommodations, you’ll have a hard time winning a case and you may discover that trying to evict them has cost you more money in the long run.
Cathy Taylor is a marketing consultant and freelance writer. She can be reached at creativecommunications@cox.net
Link to Landlord/tenant state laws http://www.thelpa.com/lpa/lllaw.html
See Also : Edgars Maswok Blog
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