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Tenants that fail to surrender premises upon properly noticed request can place landlords in costly compromising positions. Depending upon the location of said premises and the governing laws, the compromising position could very well squeeze out the landlord's very last penny if not dealt with accordingly. Prior to requesting a tenant to deliver premises, a call to the local bar association or the American Bar Association at

http://www.abanet.org/legalser vices/findlegalhelp/home.cfm for referral to an eviction attorney to advise you of your landlord rights is highly recommended. If funds to consult with and/or hire an attorney do not exist, review the federal income qualifications at www.abanet.org/legalservices/f indlegalhelp/faq_freehelp.cfm# fedguides and should the guideline dictate that Free Legal Help is in order, click on the appropriate link for a Free Legal Help referral according to your area.

The eviction process is substantially similar across the country (aside from being painful) awherein a lawsuit (or "Complaint") is generally filed in court where a landlord requests the Court order their tenant to surrender premises. A copy of the filed lawsuit is thereafter delivered to the tenant affording the tenant an opportunity to respond. This response is also filed with the court. Finally, the matter is set for hearing. Although there are similarities in the eviction process, local governing bodies and Housing Authorities have stringent rules and ordinances that landlords must abide by. Under certain local ordinances and/or Rent Control laws, when a landlord requests for a tenant to surrender premises for any reason other than non-payment of rent, such request may require the landlord to provide 30 or 60 days of advance notice prior to filing a lawsuit or the lawsuit may be denied. Additionally, certain Housing Authorities require landlords to pay tenants relocation allowances when requesting the surrender of premises for any reason other than non-payment of rent. The landlord's failure to follow ordinances, give proper notice or make timely payments when required could result in heavy fines, penalties and even criminal prosecution! Any more reason needed to consult with a legal professional before you do anything?

The most important document in the eviction proceeding is the rental agreement which sets forth the terms and conditions as to the tenancy. If there isn't a rental agreement, you may want to write down all of the facts to include: (1) the address and location of the property; (2) the tenants name, address and telephone number as well as the date the tenant began to reside on the premises; (3) the terms of the tenancy including amount of rent, the limit in number of tenants, whether utilities are included and any other specifics; and (4) the reason you request tenant to surrender the premises. With this information, the legal professional can advise you of your rights and responsibilities as a landlord and map the appropriate course of action.

Learn more about this author, John Huetteman.
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