Landlord and Tenant in Adverse Situations

Posted by: Nick Johnson in TenantLandlordEviction on Print PDF

Being a landlord is not just about knowing who to rent to and how to manage the properties; it's also about working with tenants in adverse situations. You must be tight with the laws of the business. Whether you are the owner of the rental or involved in a "sandwich" lease, arming yourself with full knowledge of the laws that protect you and those that protect the renter can be critical for your success.

Landlord Tenant When removing a renter from one of your properties, you must follow the rules using an eviction notice, which is a lawsuit requesting the court remove the tenant. You would be unlawful to ever make an attempt to eradicate the renter yourself, and that includes lock switching, shutting down utilities or using a ruse of "needing to repair" anything to take the doors or windows off.

To begin the process of removal of the tenant, state law demands that you serve them with notice which will terminate the tenancy. When it is due to not paying the rent due, this notice is can take up to 5 days and the actual court proceedings could take up to 30 days and its similar to a smalls claims court and not very formal.

Once you have been awarded the winner in this proceedings against the lessee, a judgment, writ if you may, will be issued and someone in your area, could be the sheriff, will forcibly remove the tenant from your property. Most tenants will get out before this occurs and you could incur some vacating costs, but all worth it in comparison to the losses you could incur the longer they stay in your property. I strongly suggest that if you are going to proceed in this fashion, you become up close and personal with the schedules your county uses to precede in these types of situation. It is not that complicated and does not take a rocket scientist to figure out but because it is not hard to accomplish, little room is allowed for error of any kind. You wouldn't want your case dismissed for minor infractions and ending up being more costly due to not having your ducks in a row in up front. Thus, engaging a real estate attorney with some experience in tenant laws would be well worth the cost in the long run.

Time is money and going through the eviction process takes a lot of your time, money, and not to mention the agony that comes with this. Every minute counts when the tenant is living in your property virtually for free. You could opt to offer them cash to vacate early, such as, waiving any outstanding rent and maybe even offering them moving money to get out without further delay. Court should be your last choice and does go against the "stand tough" attitude you hear a lot because ultimately it's about protecting your investment. This makes sense financially to get them out without further delay. So, call it bribing or call it practical sense, but it could just save a lot of time and money and turn a potentially hazardous situation into a win/win one.

No matter what the situation may be in regard to how or why you are evicting the tenant, you must follow and comply with the state laws when handling the holding or release of the security deposit. Most areas require it returned within 30 days so comply with the rulings and be absolutely sure you follow the letter of the law or you could see yourself on the other end of a lawsuit. Always practice the letter of the law and follow the rules and you will not come up on the short end of the financial stick.

Don't forget that even if you sublease, you are a landlord and musts comply with the state and federal disclosure laws. Federally you are required to tell the tenant about any lead based paint issues and offer an EPA booklet that further explains any hazards they could be subjected to. States have varying disclosures so comply and be smart about what your area is required to make sure the renters are aware of for leasing or selling situations.

Refer to http://www.rentlaw.com/ for further information.

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