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As a land-lord of a building you can be proud and peaceful as long as your tenant continues to pay the rent regularly and behave as per the terms of the rental agreement that was entered into between you and him or her.
But from the moment when your tenant cares a fig for the land-lord rights and begins to violate the terms of the rental agreement either by committing default in paying the rent or use the premises of your building for a purpose other than which it was intended to in the rental agreement or sub-let the rental premises to a third party without your consent or deny your title to the building, then definitely trouble brews between you and your tenant.
Before embarking upon any eviction process against your tenant, it is well and good and always adviceable to have one or two rounds of talks with your tenant to remind him where he or she went wrong, demand the rental arrears from him or her and also politely request him or her not to violate the terms of the rental agreement that exists between you and him or her.
If your tenant is receptive to your talks and requests a reasonable time to pay the rental arrears, you should assess his or her situation and economic conditions and if his or her requests seem to be genuine, then you can concede to your tenants' requests, provided that the terms of the rental agreement permit it.It is even better to consult an eviction attorney before conceding to any of the demands made by your tenant.
If the demands made by your tenant are not genuine and they are against the terms of the rental agreement, it is better to ask your tenant to vacate your building.You can avail the help of an eviction attorney to issue a three days notice to vacate the rental premises.
Eviction of an intransigent tenant from your building is a tricky process.Instead of remaining overconfident on your influence and ability to evict your tenant, it is always better to engage the services of a professional eviction attorney,for he is familiar and adept in the laws as well as the eviction process.Moreover, whether it be in India or US, eviction laws differ from state to state.For example, in a particular US state, the eviction law stipulates that once your lease or rental agreement ends, you cannot claim the rental arrears, if any, that remains due from your tenant.Again the eviction process should begin or you should file a petition before a rent control authority, before your tenant files any petition for bankruptcy.Such legal intricacies can be dealt with only with the help of an eviction attorney.It is better to engage an eviction attorney, who is well versed in the eviction laws of a concerned state, which means that you have to engage an eviction attorney of your state, where your building situates.
Above all an eviction attorney is not only an adept in the eviction process, but also familiar with the judge in a court of law who has to enquire into the dispute and pass an order for eviction.
Therefore, as a land-lord to enforce your legitimate rights against your tenant, you should tread cautiously and embark upon the eviction process by engaging an eviction attorney for the reasons stated above.
Learn more about this author, Ramalingam Subramaniam.
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