Every landlord has found themselves at one point or another dealing with a bad tenant. There could be many reasons why this tenant is bad. Some of these reasons are; doesn’t pay rent, makes life hard for other tenants, and causes damages to the property. All these things make it hard for the landlord to keep the relationship going. Even though all states have different eviction laws, here are some tips that you will be able to use if you find yourself in that situation. It would be smart to get a hold of a lawyer in order to handle your legal issues and give you advice on your pending eviction. Since its more expensive to hire a lawyer on a case by case basis, you should build a working relationship with one so that you avoid the higher legal fees.

Evicting A Tenant For Not Paying Rent There is a process you need to take in order to start the eviction of someone. The first thing you need to do is file a formal notice letting the tenant know that rent is overdue, and failure to pay on time, could lead to their possible eviction. If as a landlord, you’re not familiar with the legal processes, there is help for you online. For example, if the rent hasn’t been paid after the week you have given them to pay it, its your right to start eviction processes based on the fact that rent wasn’t paid. if you happen to accept any amount of rent during the eviction process, in most places, that can lead to your eviction suit being thrown out. it doesn’t matter how small the amount is.

Violation of Lease Terms If a tenant hasn’t complied with the terms of the lease they have signed, a landlord is required to provide a written warning detailing the lease clause being violated. The landlord must then allow the tenant time to remedy the problem so that the tenant cannot later claim either ignorance of the lease violation, or that they received no notice of the violation. A judge will generally rule in favor of the landlord if he or she is able to establish that the tenant ignored a prior notice.

Some tenants pose a health and safety issue to other tenants, or even to the property itself. In many jurisdictions, a tenant who endangers the health or safety of either the other tenants or the property can be evicted. To commence such an action, the landlord must first serve the tenant with notice setting forth a fixed period of time to remedy the situation or move out. If the tenant takes no action, the landlord may commence eviction proceedings. Even if the tenant does remedy the situation, the landlord may still serve him with a notice of eviction and termination of the tenancy on health or safety grounds.

IF a tenant files for bankruptcy, such an action stays any eviction proceeding commenced by a landlord until the bankruptcy issue is resolved, or the bankruptcy court lifts the stay and allows the eviction proceeding to go forth. IN said case, the landlord is usually required to move before the court asking that the stay be lifted.

Tenant Counter-Claims Tenants can bring counter-claims against a landlord after eviction proceedings have begun. The basis of these counter-claims may be inadequate maintenance, or violation of the lease, and the tenant may ask the court to stop eviction proceedings or a substantial decrease in the amount of rent in arrears. As a result, it’s a good practice to keep written records of complaints received from tenants about individual units or common areas that also detail steps taken by the landlord to resolve them. A landlord can then address the tenant counter-claim by demonstrating the actions taken to resolve problems reported.

Trials Prior to going to court, a landlord must collect all the documentation relating to the case and ensure nothing is missing. Unless the landlord is very familiar with their local rental laws and has experience in eviction cases, it’s a good idea to hire a lawyer knowledgeable about the state’s eviction laws.

Layla Vanderbilt is the content coordinator for a leading property management software review website which connects people with the leading property management tools.

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