Scary Reasons that Tenants might be Evicted
That E word can be scary for both tenant and landlord. When renting properties you really don’t want to have to resort to the Eviction process but it is crucial to know when the right time to Evict is and what the right reasons are for Eviction.
Experienced landlords know that once the tenant defaults on his agreement with you and has no intention or no means to make restitution the eviction process should start immediately. The length of time that it is prolonged the more issues can arise. You can continue to lose rent income, there is more opportunity for property damage and there is lost opportunity to have a viable, paying tenant in place.
It is important to check the laws and statutes in your city to make sure you are operating according to your area. So what are some of the “scary” reasons that tenants can be evicted?
· Not paying the rent and no communication on when to pay or make up past rent.
· Significantly damaging the property
· Threatening physical assault to landlord or other tenants
· Interfering with the lives of other tenants (noise, pets, cleanliness)
· Committing any illegal acts on the property
· Failing to maintain the property as indicated in the lease
· Refusing to vacate the property at the end of the lease
· Violating lease stipulations on pets, vehicles, noise, cleanliness or occupancy
As a landlord it is also important to know what you are not allowed to do under the law. It is best to have an attorney that can walk you through the process in your own state who is familiar with the laws that you might not know about.
You can be held liable if these things are not up to par.
· The proper notice was not given for eviction in the time frame specified
· If the housing itself is in question, was rented in poor condition or has failed inspections
· A landlord is not allowed to change the locks or keep the tenant from entering the premises.
· A court hearing and date will be set to have the county sheriff come and physically remove the tenant and belongings from the property so there should be time for the tenant to move prior to this happening.
· It is still up to the landlord, until the tenant moves out to have the home in habitable condition at all times. This means that the utilities cannot be shut off, and reasonable service requests cannot be denied.
Having open communication with your tenants, a good working relationship and taking immediate action when it is needed will help prevent the dreaded eviction “horror” stories. The process doesn’t have to be “scary” if the expectations, laws and protocol are all discussed ahead of time with your tenant. If you are pre-screening tenants properly this also will eliminate a good percentage of the types of renters that you would have to evict.
You can take the “fright” out of the process by properly screening your tenants, laying out the eviction process and expectations ahead of time and having good legal representation in the event you need to follow through with the eviction in court.