Eviction is not a fun topic particularly if you are a landlord who went through the process without a pleasing result. A lot can happen when eviction is necessary. The place can be extremely damaged requiring you to spend thousands in renovation costs. You may never see the back rent even if the court rules in your favor.
Steps to Legally Evict Someone
The first step is outlining your tenancy agreement with clear eviction details. Let the tenant know the lawful causes for eviction and that you have termination of lease option without cause. Termination without cause of a tenancy is used on a month to month tenancy and some states or countries with rent control will not allow this type of eviction.
property to rent from private landlords
Eviction when there is a "just cause" the law requires you to prove you tried to receive late payment from the tenant and they refused to pay or correct any misbehavior issues.
Pay Rent or Quit Notices should be sent to the tenant first. This notice is the first step allowing the tenant to correct their behavior. There is a set amount of time states and countries require for the tenant to correct the violation.
The notice should be friendly, but firm in the request. Check with your location to determine how long you have to give the tenant and how many notices need to be sent before you start a lawsuit. You must follow the procedures in order to have the court side with you. Typically it takes 3 months before you can set a court date, from the first notice to the last, plus the court eviction served by police.
The tenancy agreement should also outline the procedure for abandoned property to ensure the tenant understands your rights of removal. Usually you must get a judgment to remove tenant possessions, store them in a proper facility and send the tenant notification of removal.
Court Ruling in your Favor
Courts are going to side with you as long as you remain friendly, follow all legal eviction procedures, and show a clear cause for eviction. Despite a ruling in your favor if the tenant files bankruptcy you may never be able to receive back rent or restitution for damages to the property.
Therefore, it is important for you to conduct background checks allowable under your country's laws. It is beneficial to have a lawyer/real estate agent, well-versed in landlord law, write your tenancy agreement. With a professional tenancy agreement and background checks you have done what you can to ensure you have a decent tenant.
renting from a private landlord
Steps to Legally Evict Someone
The first step is outlining your tenancy agreement with clear eviction details. Let the tenant know the lawful causes for eviction and that you have termination of lease option without cause. Termination without cause of a tenancy is used on a month to month tenancy and some states or countries with rent control will not allow this type of eviction.
property to rent from private landlords
Eviction when there is a "just cause" the law requires you to prove you tried to receive late payment from the tenant and they refused to pay or correct any misbehavior issues.
Pay Rent or Quit Notices should be sent to the tenant first. This notice is the first step allowing the tenant to correct their behavior. There is a set amount of time states and countries require for the tenant to correct the violation.
The notice should be friendly, but firm in the request. Check with your location to determine how long you have to give the tenant and how many notices need to be sent before you start a lawsuit. You must follow the procedures in order to have the court side with you. Typically it takes 3 months before you can set a court date, from the first notice to the last, plus the court eviction served by police.
The tenancy agreement should also outline the procedure for abandoned property to ensure the tenant understands your rights of removal. Usually you must get a judgment to remove tenant possessions, store them in a proper facility and send the tenant notification of removal.
Court Ruling in your Favor
Courts are going to side with you as long as you remain friendly, follow all legal eviction procedures, and show a clear cause for eviction. Despite a ruling in your favor if the tenant files bankruptcy you may never be able to receive back rent or restitution for damages to the property.
Therefore, it is important for you to conduct background checks allowable under your country's laws. It is beneficial to have a lawyer/real estate agent, well-versed in landlord law, write your tenancy agreement. With a professional tenancy agreement and background checks you have done what you can to ensure you have a decent tenant.
renting from a private landlord