Occupied With Tenants

“Occupants / Tenants” Section

There are a plethora of issues that can arise between a landlord / tenant, not exclusively about involving non-payment of rent. There are different rights that tenants have in the housing context that a landlord must pay attention to or else they may be liable for violation of rights. This is where professional and experienced management of this issue is going to make the most difference. The following are some of the most common issues that arise out of the landlord/tenant relationship as well as common ways of dealing with them.

Failure To Pay Rent

Failure to pay rent is common in the context of a ;landlord/tenant relationship and is not always the result of irresponsibility or poor management on the part of the tenant. Sometimes,personal issues or circumstances, such as the loss of a job can cause a person to miss their payment obligation. In some cases, this can be worked out and a healthy relationship can continue. In other cases, an arrangement cannot be worked out and the property owner has to take steps further to secure their interests.

Before Filing An Eviction

In many cases, there are rules and regulations that affect the landlord / tenant relationship. One of these is with the “Demand Letter / Notice To Quit” (depending on the state). Varying by state, most landlords/property owners have to post a notice to the tenant prior to initiating a lawsuit to notify them of the intention of filing a lawsuit for breach of agreement. The tenant will then have some time prior to the initiation of the action to work out an arrangement.

Filing For Eviction

Every state and locality has different laws and regulations with regards to their Landlord Tenant laws. There are also federal laws that apply as well on a state by state basis. But in the most common cases, a Landlord or Property Owner of a rented or occupied property is going to attempt to file for eviction in the local court where the property is located. An owner will typically file a Landlord / Tenant complaint which will then be served on the occupant of the property and a hearing date will be scheduled. If it is found that the tenant is in breach of the agreement they have with the landlord, then a judgment will be entered in favor of the landlord.

After Filing For Eviction

In many cases, once a landlord has won the judgment in their favor, the tenant will leave the property to the owner in its original state as agreed upon between the two parties. However, in some cases, where an individual does not leave, even after the issuing of judgment, the landlord can then file for possession. This will officiate the Sheriff of the local county to notify the tenant of the eviction and then execute that eviction. Any trespass on the property after this point is considered criminal trespass.

Conclusion

The eviction process can be tricky and varies considerably from state to state. This is why contacting professionals in the area may be able to save you a considerable amount of time, effort, and money.