Evicting-a-Tenant-from-the-Rental-Property

Evicting a Tenant from the Rental Property

A landlord tries and does the maximum screening and verification of a tenant before he occupies the property for rent. No matter how many credit checks or background checks are done, but when the time is not right, nothing counts. A promising tenant can be the worst nightmare sometimes. So, it becomes necessary to evict a tenant from the property.

 

Reasons For Eviction

A landlord needs to have substantial reasons to evict the tenant. Non-payment of rent is the most common reason. Other reasons can be violating the terms and conditions of the rental agreement, causing severe damages to the property, and carrying illegal activities from the property. In certain circumstances, a landlord can get the property evicted for personal usage even if the tenant has not made any major mistake.

 

The Process of Eviction

Taking the help of a lawsuit is the best way to proceed with the eviction process instead of taking matters into their own hands. The eviction process is quite streamlined as compared to other civil lawsuits. The rules, however, vary from one state to another; it is, therefore, necessary to take the help of own state’s laws for a smoother and successful eviction. The landlords must also not try to change the locks, shut off the utilities like electricity and water, or lockout the tenant and take the matter in his hand. The most suitable way is to take the help of the court. In some instances, the eviction notice does wonders, and the problems get solved quickly. In, however, some challenging cases, an eviction lawsuit becomes necessary.

 

Types of Eviction Notice

There are mostly three types of eviction notices. They are:

  • Pay Rent or Quit Notice: This type of notification is issued for the tenant on whom some amount of rent is due. The notice gives some time to the tenant for paying the rent or quitting the property.
  • Cure or Quit Notice: This type of notification is issued when the tenant violates any terms and conditions mentioned in the rental agreement. The notices generally give some time to the tenant for correcting the violation or evict the property.
  • Unconditional Quit Notice: This notice requires the tenant to evacuate the property immediately. It does not provide them with any time duration for paying the rent or correcting the violation. A landlord can present this notice to the tenant when he has paid late rent for multiple times or violated the terms more than once.

                     

The Eviction Lawsuit

When a tenant does not respond to the eviction notice, then an eviction lawsuit becomes compulsory. The landlord needs to file the lawsuit with proper documents in a local courthouse and serve the tenant with appropriate copies of eviction complain and the related summons papers. After winning the case and receiving the court order for evicting the property, the landlord can take the help of the local sheriff or marshal for removing the tenant.

 

Conclusion

No landlord ever likes to keep a troublesome tenant or go through the court procedure for evicting the same. However, a few stubborn tenants compel them to do so. The process might be simple but needs time and patience. Therefore, for saving time, money, and embarrassment, a tenant must try to be perfect.

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