March 22, 2023

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Evicting Tenants

What Must Landlords Remember While Evicting Tenants?

The landlords are left with no option other than evicting tenants if tenants become troublesome. Evicting the tenant is the last thing that a landlord can do if the tenants are in no mood of listening to the landlord. But before filing an eviction lawsuit, the landlord must end the tenancy legally. This means that a landlord must send a legal notice to the tenant as per the state law.

The state laws have pre-mentioned requirements if you want to remove tenants from your property and get the possession of your property back. You must know that there are different types of termination notices that are dependent on the type of situation you are facing. Moreover, each state has its own set of rules and regulations that the landlords will have to follow if they want to evict their tenants.

When can you send a Termination Notice to your Tenant?

As specified before, the terminology varies from state to state. Generally, there are the following grounds on which a landlord can send an eviction notice to the tenant.

  1. Non Payment of Rent
    This is the most common reason that landlords want to evict tenants from their property. The notice clearly specifies the reason and that the tenants have a few days to pay the rent; else they will have to leave their property.
  2. Violating the Tenancy Agreement
    Any landlord clearly mentions the terms and conditions of tenancy in the tenancy agreement that the tenant will be required to follow if they want to live in the landlord’s property. If a tenant doesn’t do so, the landlord can send an eviction notice.
  3. Unconditional Notices
    This is the harshest of all. If a tenant receives this notice, he won’t even get a chance to pay rent or correct the lease. He will have to leave the property in the specified amount of time, no matter what the reason is.

How can Retaliatory Eviction Claims Harm Landlords?

No matter what the reason for eviction is, you better beware of the retaliatory eviction claims that your tenants can make. In general, the attempt is presumed retaliatory if the landlord wants to end the tenancy within 6 months. A tenant can file a complaint with an agency regarding the living conditions of the property, ask the landlord for the repairs or withhold the rent until the property is worth living.

The landlord must specify the reason for tenant eviction to make sure the tables don’t turn. This helps in proving that the eviction is not retaliatory in any case. If in case, the landlord has been proved to be conducting retaliatory eviction, he might not even be able to recover the possession of his property.

What Defences can Tenant raise to avoid Eviction?

If a tenant believes that he hasn’t done anything wrong and mounts a defence, the eviction process may stretch. He/she can point to mistakes in the eviction complaint or notice with an aim of either delaying or dismissing the case. The way you have behaved and conducted with your tenant can also affect the end results. If your property is inhabitable and you are not paying heed to it, the tables can turn anytime.

How much Time Landlords have for returning the Tenants Security Deposit?

After a tenant has vacated the property, the landlord must return the tenants security deposit within 21 days. But it may vary from state to state. The landlords are required to provide the tenants with a copy of the itemized statement and the amount in cash or cheque or any other way they want. The landlords must deliver the security deposit personally or by first-class mail. If he doesn’t, he is liable for legal penalties.

Why Consider Hiring an Expert?

Being a landlord, you must be known to all the rules and regulations of your state. But if you are not, you better go for hiring an expert who deals with such situations on a daily basis. The tenant eviction agencies generally know all the rules and regulations of their state. They have great experience in this field and know how to handle the situation. Moreover, they will also guide you for the better. Discuss your case with an agency and let it do the rest of the job for you.