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The battle between tenant's rights and landlord's rights have been going on for as long as rentals have been available. A landlord used to be able to "throw" people out for any old reason they came up with. Maybe Cousin Joe was moving back to town and needed a place to live. "Sorry about your luck people, it is my house after all."

Thanks to what we call the good old law, tenants now have a lot more rights, even if it is your house. You agreed to rent it to them, so this means you also agreed to some legal issues. You can't just toss your tenants without a good reason. And you better know what the legal system accepts as good reason.

Document everything. Send them written notice that they must catch the rent up in full, or you will start the eviction process. If you accept any partial payment, that will negate any proceedings you have started, and you will have to start over again.

If you have sent them a notice stating why they are being evicted and they haven't complied , your next alternative may be to consult an attorney. If you have a lot of rental property, it is smart to have an eviction attorney on a retainer. This will save you a lot of headaches.

Do not try to force the tenant out by refusing to do repairs, or by denying them a safe and healthy environment. This could lead into the tenant suing you. Just as you have landlord rights, the tenant also has certain rights. You can't deny them utilities such as water, heat or electricity.

Follow all of the legal steps to the letter, or you could be the one facing the judge, if the tenant decides to sue you for an illegal eviction. If the process does go to court, be prepared to wait several months before you gain access to your property.

If the tenant has filed for bankruptcy during this time, you may never get the past amount that is owed. All you may be able to hope for, is that the tenant moves out and you can get the property rented again.

Be a little more cautious next time you rent to some one. Check their references thoroughly, no matter how convincing they are that they will be great tenants. Don't let the fact that they have money in their hand cloud your judgement.

Just because they have all of the up front money on move in day, doesn't mean they'll have money in a few months. Don't judge the next tenant by your last experience. Judge them by what you find out from their references, and then continue to keep an eye on your property, even if they are paying rent on time.

Talk to your tenants when the issues first come up. Point out the things that they agreed to when they signed the rental agreement. You do have one, don't you? If not, that was your first mistake. Get one drawn up by your attorney, and get your tenants to sign it. Get all of your tenants to sign one, even if they are perfect renters.

Don't let a dispute go on until the situation turns into a legal issue. That can cost you thousands of dollars and a lot of unnecessary time and stress. When talking does you no good, you may have no choice but to evict the offending tenant. Just make sure you follow all of the legal procedures, insuring that both the landlord and tenants rights are being met.

Learn more about this author, Donna Thacker.
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