by Mike Miller

Created on: October 24, 2008   Last Updated: November 20, 2008

As a lifelong tenant who boasts a record of 17-1 in Landlord Tenancy Court, I can assure you, dear landlord, that you must follow the rental laws to the letter, in order to be cetain the court will honor your ownership rights. By law, the eviction process is designed to allow you to extricate from your premises even the most intractable tenant, eventually. Here's what you should do to be sure your ownership rights get enforced with maximum dispatch....

First, never rent an apartment that is not completely certified to be rented. That means, after the last tenant moved out, you had a city inspector come and inspect the apartment and certify that it is suitable to be rented. I can't tell you how many times I have moved into an apartment that did not have a current certificate of occupancy issued to it due to not having a second exit door, a back fire escape, a fresh coat of paint, or even a sewage line of sufficient width to pass code. Frankly, you'd be fortunate to even collect rent if your apartment is not up to construction code, and certified by the city as such.

Second, GET IT IN WRITING ! Verbal agreements are not to your advantage in the long run. I have found that landlords who rent without full-length detailed contracts, customarily rely on strong arm techniques to force recalcitrant tenants into compliance. If the tenant forces you to drag them to court, a judge will not look favorably on methods of intimidation. If, however, the judge has in his or her hands, a signed rental agreement specifying the details of your tenant's occupancy - no matter how outrageous a lie the tenant may tell - the facts of the matter will, most assuredly, be settled in your favor.

Lastly, try to be patient. Rental property is one of the surest forms of capital investment. It can pay handsomely. Yet, a landlord must always remember that people's lives are in your hands. If they do not pay what has been agreed ( in writing ! ), the eviction process is squarely on your side. The court metes out justice, and is willing to allow tenants a certain amount of time to relocate. In some municipalities it may be necessary to drag that deadbeat tenant back before the judge two or three times as they run out their string of options while rent is not being paid.... Eventually, it will become the sheriff's job to actually remove the tenant, and the tenant's family, from your premises. However, you are responsible for safely removing the tenant's belongings that have been left in the apartment, keeping them safely in storage for however long a period of time the local law specifies, usually a month or two. So, you are going to need some storage space, and employ some sober furniture movers to execute the task!

Running the business of rental properties strictly according to the law sends a clear and unmistakeable signal to any prospective tenant that you, the landlord, will act promptly to evict the delinquent tenant. It also assures the tenant that you are providing safe and healthy living quarters. This is as good as it gets, on both sides of the fence.

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