If you are a landlord dealing with troublesome tenants, you may find it necessary to force them out with an eviction. An eviction is a legal action, but you will want to approach it carefully. If you evict a tenant and are vague as to why, they may come back at you, claiming that you are violating the Fair Housing Act and are being discriminatory. As a result, you will want to be very careful as to how you go about eviction.
As a landlord, you have the ability to evict a tenant for failing to pay rent, significantly damaging property, or violating the terms of the apartment lease. Violating terms could mean throwing loud parties after quiet hours or taking in pets when the lease clearly states no pets.
Also, if the lease says no smoking inside, and the tenant smokes regularly, even after being warned, this could be another cause for eviction. Also, if a tenant conducts illegal activities in the apartment, such as selling drugs, then the landlord can evict this individual. Eviction may also be warranted if a tenant overstays the length of her lease depending on the type of lease involved.
To evict a tenant, the landlord is required to give him or her proper notice. This means that the landlord will probably have to fill out particular forms. There are for cause and without cause eviction notices. For cause notices are used when the tenant has done something wrong. For example, if the tenant keeps a dog in a no-pet apartment, or if the tenant destroys property, then the landlord can issue one of these forms.
In some states, landlords can also issue a form giving the tenant three days' notice to pay rent or quit. In these incidents, the tenant must make a payment of the amount owed within three days or risk losing his or her apartment. Some states require forms for a for cause eviction, while others do not.
Without cause evictions are those that allow the landlord to evict a tenant for any reason. These notices normally must come 30 to 60 days before the eviction date. Many times tenants will battle back with landlords when they are the victim of a without cause eviction.
If written notice along isn't enough to remove the tenant, then the landlord may need to file a lawsuit to evict the tenant. This can often help to motivate the tenant to move out. If you need assistance evicting a tenant at your apartment complex or in a home you own, then don't hesitate to hire a real estate attorney to help you. A skilled real estate lawyer who understands the landlord-tenant laws will be able to effectively assist you in your case! Locate a local lawyer on this directory today to get started!