Posted in Blog  
  on Sep 20, 2012

When is it Time for Evicting Tenants

Becoming a landlord is usually a good way of generating income on a regular basis, but this strategy can sometimes backfire, and that’s usually when a landlord needs to deal with a bad tenant. In so many situations, a landlord needs to think seriously of evicting a tenant. This may happen for so many different reasons. For instance, a tenant may refuse to pay rent, cause problems for other tenants, or pose harm to the rental unit. In any of these situations, it makes no sense to continue with the landlord-tenant relationship.

Here it is crucial to mention that though local and State laws governing eviction are already there, landlords should proceed with utmost care. When a tenant refuses to pay, you should take things seriously and proceed systematically. Depending on the laws defined for cases involving nonpayment of rent, you will have to wait for days or weeks. In most jurisdictions, you will come across a rather expedited process for making a non-paying tenant leave your rental unit.

Here, you have to follow a predefined process that involves serving your tenantwith a notice - start with a formalnotice informing your tenant that the rent for your house is overdue, and that it may lead to possible eviction. It is easy to find pre-printed forms that can be used for this purpose; these forms also fulfill specific legal requirements. Landlords can also design their own specific forms, but these forms may or may not be legally adequate. Therefore, it is a better idea to use pre-designed forms and wait for your tenant to reply. If they don’t pay you within a week or any legally defined period, you may proceed with eviction proceedings.

Another very important point to keep in mind is that when a tenant won’t pay, you should make every effort to throw them out of your home. While serving a legal notice is the right idea, it is not a right move to accept partial payments. If you do it, you will have to deal with the dismissal of your case involving nonpayment of rent.

Nonpayment of rent is definitely one of the instances when you should consider evicting a tenant, but you should consider doing the same when there is some violation of the lease. This is usually the case when a tenant refuses to comply with any or all terms of lease. The right procedure is to give your tenant a written warning stating that they are violating the terms – you may also use a reference to lease provision. Generally, you’re advised to make your tenant give you a written proof that they realize their mistake and will make every effort to comply with the terms of lease. If doing all this doesn’t work, and your tenant is still reluctant to cooperate, this is the time when you should take a serious step, and use legal help to get rid of such annoying tenants.

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