As a landlord, you may have the complicated task of evicting a tenant for one reason or another from time to time. Because eviction is a legal procedure, LandLordStation.com suggests that you remember to protect yourself by documenting every step you take.
It is good business practice to automatically notify a tenant immediately when they are in arrears on their rental payment or have violated the tenants of your lease agreement. If, for example, your lease states that rent is due on the first and considered delinquent by the 5th, you need to send a notice of unpaid rental on the 6th so that you have already have a record of notifying the tenant. We offer a free eviction notice template information below.
Any notice from the landlord to the tenant should be sent by certified mail with return receipt requested with the tenant’s signature required. Your notice is considered a notice of eviction in some states and should generally contain the following that you can use as a free eviction notice template:
Using a notice wherein you set out your position and your requirements will protect you and may be required if you have to go to court. If you want the tenant to vacate the premises, be sure to include the date by which they must vacate. Use the information given here to construct a general eviction letter template. Bear in mind that provisions are different in each state and requirements are not always the same.
This notice is required whether you are dealing with a problem tenant, the end of the lease or you simply plan on using the property for another purpose. In your eviction letter template, you must notify your tenant of your intentions before you can start an eviction action in court. In addition to the information set out above, you need to include the following with the notice:
If the tenant refuses to pay rent because of a maintenance issue, you need to check the local laws that pertain to rental payment withholding. In some states, it is permissible for a tenant to withhold rental payments until repairs of conditions that create dangerous conditions on the property.
The most important part of constructing an eviction notice or notice of lease violation is to make sure that it conforms with the laws of the state in which the property is located. In some states, the eviction notice alone may suffice, however, laws vary from state to state and sometimes within your state if the property is rent controlled. It is helpful to contact the office of the State Attorney General of the state where the property is located and obtain copies of the Landlord and Tenant Act for that state in order to use the most accurate eviction notice template. If you send a Notice of Eviction and receive notification from the post office that the notice has not been delivered because the tenant did not accept or sign the certified notice, the return receipt is usually sufficient in court to show you attempted to notify.
You may have to take your tenant to court. Your tenant must be served in accordance with the provisions of the court that has jurisdiction. Usually, you will pay a filing fee to the Court and in some jurisdictions, a fee to the agency that personally serves the Notice to Appear in court for the eviction hearing. In some states, you can send this notice by certified mail in lieu of personal service.
While you are waiting for the date of the court appearance, you must NOT do any of the following:
The tenant may or may not appear for the eviction hearing. If you obtain an Order of Eviction from the Court, the tenant will be given a specific date by which the tenant must vacate the premises. If the tenant does not vacate, an officer of the court, usually a sheriff’s deputy or police officer will serve the notice on the tenant in most cases. It is advisable for you to meet the officer at the property with a locksmith so that you can change the lock at that time. The officer will remove any tenants and, in the event the tenant is not present, will search for any animals that will need to be removed by animal control officers. If the tenant leaves furniture or personal property, you can remove it. Many states require that you store the tenant’s property for a period of time. If the tenant wants to redeem the property within the legal time frame, the tenant must reimburse the landlord for moving and storage expenses. If the tenant fails to redeem the property, you can sell it. You can ask the court for a judgment for property damage and repairs that are over and above normal wear and tear but you usually have to provide some evidence of the damage. If you find damages when you enter the premises after an eviction, be sure to take photographs. It is also a good idea to take photos of the condition of any personal property that is left behind by the tenant.
Evictions can be emotionally charged and unpleasant experiences. It is recommended that you keep careful records of telephone or personal conversations and put anything you want to communicate to your tenant in writing in your eviction notice. If in doubt about anything concerning eviction of a tenant, we recommend that you get the advice of an attorney familiar with real estate law in the state where the property is located. Using the tenant screening process offered by LandLordStation.com will greatly reduce the probability that you will have this issue with a tenant.
LandLordStation.com recommends that, if you have any doubts about the provisions of the landlord tenant law as it pertains to your property, in your state, that you consult an attorney. We believe that you will have the best possible results when you know how to screen your potential tenants with LandLordStation.com and have the greatest possible understanding of your legal rights and responsibilities. LandLordStation.com gives you general information pertaining to the rental industry but does not offer legal advice and opinions. To learn more, we offer many other articles related to the eviction process.
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