How To Process Tenant Eviction

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Processing tenant eviction is a delicate and precise procedure in the sense that tenancy is protected and governed by laws which vary from place to place. It is imperative therefore, for the landlord to know the law in detail or consult a professional or you would find yourself on the wrong side of the law. This would mean loss of part or whole of your money in dispute and continued stay of the tenant you intended to evict. There are procedures to be followed in processing tenant eviction:

1. Have proper grasp of the laws in your area and the lease previously entered into with that tenant. You will need to articulate reasons for eviction. Some of the common reasons for example would be non-payment of rent, non compliance to move after lease has ended violation of the lease terms and illegal criminal activities.
2. Issue the tenant with Notice to quit stating the reason. Know what your state or local law provides in terms of length of notice.
3. Serve notice to the tenant. Be sure that appropriate signature has been appended. You may serve it in person or get professional process server to affect this. Take notice that improperly served notice will not be effective.

At this point, you will wait till the quit notice period end. Upon expiry, the land lord will:

I. Inspect the premise in the company of the tenant taking down the inventory of the damage. Agree with the tenant in repairs of damages. Damages in this context are visible defects. For example, you will not charge a tenant replacing a door frame damaged by termites.

II. Send the list agreeable in writing within the notice period by first class mail. The landlord will have right to withhold security deposit for non-compliance by the tenant.

III. At this point if the tenant comply and move out, the eviction process would halt here. The landlord will pay up the security deposit.

If the tenant becomes adamant to comply with the notice, following steps will follow:

a) Ensure that original lease, rent receipts, photographic evidence of damage, bills receipts, copy of quit notice and reason for eviction is valid.

b) At this point engage eviction attorney to file eviction proceedings. Official summons and proceedings will ensue and proceed to court. Parties will be heard and evidence adduced. If the court find the landlord has a good case, it will proceed to give orders and within five days the attorney will apply eviction order.

The local authorities will oversee the eviction.

About the Author:
Landlord Solicitor, specialists in Tenant Eviction.



Article Originally Published On: http://www.articlesnatch.com


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