You are probably asking yourself, how is that going to work? And why would the local Health Department take an interest in deadbeat tenants? Why would they want to help me? But also do they have the right to intervene?
The simple answer begins with utilities. Many communities, cities and counties across the nation have rules and regulations, simply put, laws for health codes and regulations. One of which is that it is illegal for residents to live without light, water, sewer or septic turned on and working. This also may become an issue of minor endangerment if children are in the home. The local Health Department has the power to remove people from properties violating this regulation.
Ironically enough, I never really stopped to think about this option as a landlord and how this might work to my advantage when it comes to delinquent tenants. In my time, I have seen it all, heard every excuse and as a result, I feel I can put these experiences to good use and share my advice.
Renters may think that because you pay your rent in full and on time every week, there's no way you could ever be evicted. But with the current housing crisis in the U.S., this isn't a safe bet.
The upsurge in foreclosures isn't just affecting homes owned by the people who live in them but is also causing trouble for renters when their landlords lose the home due to trouble paying the mortgage. According to the Mortgage Bankers Association, nearly 20 percent of recent foreclosures have been against borrowers who are renting their home to another individual or family.
Lawyers who specializing in helping renters with problems have said that these types of eviction cases are on the rise. For instance, in recent months, one in four calls about housing matters to the Legal Services of Greater Miami's renter advocacy phone line has been about foreclosures and possible evictions. The group says the rate of these types of complaints is up sharply from last year.
Posted by: Nick Johnson in Tenant, Landlord, Eviction on
May 09, 2008
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.
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.
