Every landlord finds himself or herself in the challenging situation of dealing with a problem tenant. They may not be paying rent, damaging the rental unit, being a nuisance to other tenants, or otherwise making it impossible to have an effective landlord/tenant relationship. State and local laws governing eviction vary widely, there are still a few tips landlords can follow when faced with the messy situations leading up to evictions. As the owner of multiple housing units, it will be to your benefit to consult a lawyer to advise you on these issues, as well as to execute legal actions. Having an ongoing relationship with a lawyer is helpful, as they’ll be more likely to charge flat fees for their services.

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.

If the tenant does not comply with the terms of a signed lease agreement, the landlord must supply a warning to the tenant stating the basis for such a claim ? i.e., the lease provision that has been violated ? and allow him to remedy the violation. That way, the tenant cannot later claim ignorance of the violation, or that he received no notice of the violation. Usually the courts will be favorably disposed toward a landlord who can show that the tenant ignored a prior notice and deadline.

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.

Bankruptcy If a tenant were to file for bankruptcy, the eviction proceedings will be put on hold. There will be a hold untl the bankruptcy case is resolved, or if the courts allow you to continue with the eviction. This will require the filing of a motion asking the courts to lift the temporary stay.

Tenant Counter-claims A tenant might bring counter claims against a landlord when they are served with eviction proceedings. Some of these claims will be that the property wasn’t well maintained, and that the lease was violated. Thus asking the courts to stop eviction proceedings or lower their current rent. This is a great reason for you to keep all records of complaints about the property and the steps you have taken to correct it. Their claims will be thrown out if you have written record of all your proceedings with them, concerning this issue. Save yourself the headache, and write everything down.

Trials you must make sure you have all your paperwork together before you go to court. You don’t want to find out that there is something missing, when its too late. Unless you are very familiar with all the rules and regulation of your states rental laws, hiring a lawyer who is up to date on this, will be a plus. This article should give you a good grasp on what exactly it is that you need to do in order to begin the eviction process on one of your tenants.

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

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