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As landlords, many people feel like they are stuck between a rock and a hard place. Even when rental agreements are signed, some tenants do what they want to when they want to. As the landlord or owner of the property, you have the final say. If you do not agree with the way your tenants are treating your property, you can begin the eviction process and stand up for your landlord rights.
People can be evicted for a variety of reasons such as failure to pay rent, not taking care of the property, or a general violation of their rental agreement. If the renter violates the terms on their lease or agreement, they have broken the rules. Eviction is often the punishment for this behavior.
Generally, when a landlord gives a resident an eviction notice, it serves as an order for that person to vacate the premises. By law, if someone has been evicted they must move out but some people ignore the notice and their landlord's desires. If your renter chooses not to do leave when ordered to, there are steps that you can take to ensure the eviction process is a speedier one.
You must first meet with an eviction attorney or someone that has eviction knowledge. Discuss your options with them and explain your side of the story. They will help you get your day in court and hopefully regain access to your property as quickly and painlessly as possible.
Once a court date is set, your tenant will be served with papers and you both will be asked to appear in front of the judge. Take a long proof of why you want to evict your tenant. (If you have pictures of damages, a rental agreement, or witnesses you need to have those things with you.) Tell your story as accurately as possible to the judge so that they can make the proper decision.
Keep in mind that if the tenant shows up in court, they are likely to be hostile. They will probably try to make things look like it is your fault or that you were a slumlord. Be prepared for false accusations but don't stoop to their level. The trial isn't about your character it is about your rental property and your landlord rights to regain your property.
During the court process, make your desires very clear. If you want your tenant to pay money owed for rent, damages, or the legal measures in general you must let the judge know that. It is best to let the judge order these things so that you have a better chance of obtaining them through wage garnishment or a deadline stated by the judge.
After the judge has heard both sides of the story and reviewed the case, they will decide the solution. Chances are, the eviction process will continue. The tenant will be given anywhere from ten to ninety days to move out. If they don't, then you'll be able to gain access to your property anyways by calling the police, moving their items out, changing the locks, or any stipulation the judge makes.
Once the judge has spoken, the only thing left to do is wait. You have rights to your property and tenants that will respect it. You don't have to put up with inappropriate behavior on your land, there is someone out there that will gladly take care of this dwelling so don't settle for any renter you can find. There's such a thing as happily ever after, even for landlords.
Learn more about this author, Laura Leigh Fields.
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The eviction process: What if your tenant won't leave?
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