Category: Landlords

How to Go About Vacating Problem Tenants

  • By Householders Guide
  • 25th August, 2011
Vacating Problem Tenants

Vacating tenants that have become a problem can be a tricky business. If you do not follow all of the legal procedures that are outlined by the laws of your state, then you could end up facing a civil suit yourself.

By making yourself aware of the procedures involved in getting rid of these kinds of tenants, you can have them out without any further problems.

The first thing that you will need to do when vacating tenants that have become a problem is to carefully read through your lease agreement. You will have to determine whether the tenant has provided you with enough cause to evict them. If they have failed to pay their rent or damaged your property, then you have the right to take them to court and file to have them evicted. If they have failed to hold up their end of the lease agreement, then you have just cause to file for an eviction.

Once you have read through the lease agreement, you will have to familiarize yourself with the 'Landlord and Tenant Act' of your state. This act will supply you with everything you need to know regarding the correct procedures involved in evicting a tenant. Different states have different requirements when it comes to eviction, and you need to ensure that you follow all of the legal processes of your state very carefully.

Certain states require that you send the tenant a written warning before you can file for an eviction. This warning must state the problem and provide them with a time-limit during which the problem must be resolved. Depending on the state you are in, this letter might also have to state the date that you are going to apply for eviction in the event that they do not resolve the problem.

Once you have sent the warning, you will have to wait the allotted time before filing for eviction. Vacating tenants that are problematic involves visiting your local court and filling out the appropriate documentation. Once this has been filled out, the court clerk will then give you a court date and this is when you will have to present your case to a judge. It is important that you prepare properly for this court appearance, as you might not get another chance to evict the problematic tenant in the event that you fail. You should ensure that you have all of the appropriate documentation, which includes the lease agreement, warning notices, and any communications between you and the tenant.

Vacating tenants is only possible if you follow all of the legal procedures that are involved in doing so. If you are not careful, you could end up transgressing a law, which in turn can lead to some very negative consequences. Once you have completed all of the steps, the judge will make his or her decision based on the evidence that was supplied. If your case is fair, then your tenants will be given a time limit within which they must vacate the property, and you can then go on to search for more responsible tenants.

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