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The eviction process should always begin with the rental agreements. Be as specific as possible about landlord expectations. State rules clearly and simply. Some actions or inactions may appear to be common knowledge, but they are difficult to act upon when not in writing and signed as part of the rental agreement.
After verbal warnings have been given to tenants concerning broken rules, follow up with a written reprimand that is signed by the landlord and the renters. Keep one copy and give a copy to the renters. This information is invaluable once the eviction process has been started. Your eviction attorney will tell you that an event did not happen as far as the court is concerned if the incident is not recorded on a hard copy.
If a renter refuses to sign a report concerning breech of contract, give a written report to your eviction attorney and allow him to take necessary action. It is extremely important that the landlord and tenant remain professional and avoid personal confrontation. As a landlord, you should be aware of all laws and ordinances concerning policy, procedure, and chain of action.
Landlords have specific rights under the law. However, evicting someone who refuses to vacate can become a lengthy process that can be costly. It is within your rights to make your renters uncomfortable as long as there is no threat to life and/or health. If the utilities are paid by the landlord, he can opt to have the utilities turned off. Any service provided by the landlord that is included in the total rent amount can be disconnected if rent goes unpaid.
To ensure a good relationship between landlord and renters, engage in a detailed, face to face discussion of expectations of and from both parties. Allow plenty of time for a lengthy question and answer session. Remember, there will always be some issues that arise that could not have been expected at the time of agreement. Trying to work out a solution that makes both parties comfortable is worth the effort. The eviction process is neither easy nor pretty.
There will always be a small group of people who are difficult to deal with. Some people take joy in causing pain or hardship on others. If you are dealing with this type of renter, caution is advised due to possible mental illness in the guilty party. You should use whatever options that are available to you. If you normally have the lawns of the entire rental properties mowed as a courtesy to renters, you can cease to have the evictees lawn mowed. Any amenity provided can be rescinded if a renter is behind on rent or is breaking the rental agreement in some way. You can refuse to pick up trash if you provide this service. Pool privileges, if provided, can be rescinded. It is hoped that, by making the renter miserable, he will want to leave on his own accord.
If your renter is behind several months in rent, you can watch until the renter leaves the apartment or house, then padlock the doors. The renter will not have access to his personal property until back rent has been paid. If he is guilty of breech of contract, provide proof that will be needed in a court of law. Sometimes, nothing short of suing will get a reluctant renter out of your hair.
Learn more about this author, Barbara Stanley.
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The eviction process should always begin with the rental agreements. Be as specific as possible about landlord expectations.
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