Often, landlords have to wrestle with problems created by tenants that range from not paying rent, to posing problems for other tenants, to misusing and damaging their rental unit, to indulging in conduct that makes it unwise to continue the landlord-tenant relationship. Further, certain other issues, such as, creating health and safety issues or a tenant filing for bankruptcy generates more headaches for a landlord.

Health and Safety Issues If, a tenant has damaged his / her rental unit or created a potential health hazard, a landlord is right in wanting to evict the tenant responsible for both. However, instead of going in for litigation, it is a good idea to either ask the tenant to repair the damage or correct the hazard. However, most landlords do proceed with conventional evictions against tenants who create this type of situation, even though the problem may have been resolved.

When a Tenant Files For Bankruptcy What a landlord should be aware of is that when he / she starts eviction proceedings against a tenant, and the latter proceeds to file for bankruptcy, an ‘automatic stay’ will be granted, which will prevent continuation of eviction proceedings till such time the bankruptcy is resolved, or the bankruptcy court lifts the stay, thereby permitting the eviction proceedings to continue. In this case, bankruptcy can prevent a pending eviction, and result in full or partial discharge of a rent arrearage. Note, however, a bankrupt tenant is responsible for paying any new rent obligations that arise from continued tenancy after filing for bankruptcy. What the tenant should keep in mind is that failure to keep current with post-petition rent payments may result in eviction.

On that cautionary note, another fair bit of advice, avoid expensive landlord / tenant litigation, by taking necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Often, landlords are trapped in tenant / landlord situations that has them wrestling with a number of issues from non-rent paying tenants to lease violations, to creating situations, which makes it unwise to continue a landlord-tenant relationship. While, laws governing evictions can vary significantly state wise or locally, landlords who find themselves in the above-quoted unpleasant situations will find the following suggestions helpful.

If, you own several housing units, then you would be wise to retain a lawyer, who will not only advise you on eviction issues, but also handle all legal action. Make a flat fee arrangement, rather than having to pay for each new case, which is a far more expensive way to go.

Lease Violation
It is always a good idea on the part of a tenant to review the lease to check if the accusation of violating a lease provision is correct. In the event, the tenant is in violation of the lease, he / she should consider either rectifying the violation, or discuss making an exceptional case, or negotiate with the landlord about the possibility of an amicable termination of the lease. At this point, it is best to note that lease violation means, a landlord can evict you, as well as, charge rent for the period following your eviction, up to the lease expiry date or till a replacement tenant is found.

Take for example, if there is a No Pets clause in the lease, why not negotiate an additional cleaning fee or monthly rent premium paid to the landlord for his / her permission to keep the pet. Or, as it truly happened, a tenant in exchange for being allowed to keep her cat, made a deal with her landlord to live in an apartment with tattered carpeting. The landlord saved on the cost of replacing worn out carpeting, without having to worry about the cat damaging a carpet already due for replacement.

On that cautionary note, another fair bit of advice, avoid expensive landlord / tenant litigation, by taking necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

If, you are a landlord in a non-rent controlled city and have two tenants signed up on a year’s lease drawing to a close, which leaves you to decide, whether you wish to renew it or let it expire. However, if one roommate offers to renew the lease, stipulating that it should only be in his / her name and would like you to ask the other tenant to move out. Now, what is a landlord to do, if despite repeated phone calls, the second tenant does not return them, nor indicates, whether he / she would like to renew the lease? In a situation such as this, who can blame a landlord for wishing to offer a new lease to the tenant, who is willing to sign on for another year. To play it legally safe, a landlord should keep in mind the following:

When a fixed term lease draws to a close, it ends the tenancy rights of concerned renters. Of course, one can send the tenants a polite note to remind them of the approaching deadline, before they cease to be your tenants. Remember to follow the 30-day notice period even if it is a fixed term lease.

A lease that ends means the landlord is free to rent to whomsoever he / she wishes or desires. A landlord can decline to make an offer of renewal, as long as his / her decision to do so is based on valid business reasons, reasons that are neither discriminatory nor retaliatory in nature. In other words, one cannot refuse to rent to a tenant on the basis of race, religion, etc. etc.; nor because a tenant taking advantage of his / her legal rights, complained to a health inspector about code violations on the rental property.

This advice may not apply to a landlord whose rental property is located in a rent-controlled city. However, if the property is in a rent-controlled city, then a landlord will require ‘just cause’ for eviction or non-renewal of the lease, unless the second tenant does something that justifies eviction. Perhaps, the only way out of this quandary is to offer the place to both the tenants, and ask them to discuss the situation with each other. Before, doing so it would make good sense to check the details of rent-control ordinances to help you out!

On that cautionary note, another bit of advice, to avoid expensive landlord / tenant litigation, take necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and one can visit www.e-renter.com for tenant screening and background check services.

It is important for landlords to know that they cannot begin eviction proceedings, unless and until, they have first legally terminated the tenancy. What this means is, first, the tenant must be given a written notice, as specified in state termination statutes. If, a tenant refuses to vacate the premises, or change his / her attitude, for example, by paying up rent, or moving the pet to a new home, then this gives a landlord the opportunity to file an eviction lawsuit, which also goes under its technical name of unlawful detainer.

A careful scrutiny of state laws shows how they have set out very detailed requirements to end unwanted tenancies. According to them, different kinds of termination notices are required for different situations, each state having its own procedures on the phrasing and servicing i.e. delivery of termination notices and eviction papers.

Termination Notice

While, terminology may vary from state to state, basically, there are three types of tenancy termination notices that landlords can issue to misbehaving tenants.

• Typically, when a tenant has not paid rent, Pay Rent or Quit Notices are used. These notices give a tenant a few days (3-5-days in most states) to pay the rent or vacate (quit) the premises.
• Cure or Quit Notices are given when a certain term or condition of the lease or rental agreement has been violated by a tenant. It could be the violation of a no-pets clause or to refraining from making excessive noise. Usually, the tenant is given a period of grace in which to rectify, correct, or ‘cure’, the violation. Failure to do so means, the tenant must vacate the rental premises, or face the possibility of an eviction lawsuit.
• Harshest of all are the Unconditional Quit Notices. The tenant is ordered to vacate the premises and is not given any chance to pay the rent, or correct a lease or rental agreement violation. However, most states allow unconditional quit notices, only when a tenant:
  • Repeatedly violates important lease or rental agreement clauses.
  • Has paid rent late on several occasions.
  • Has seriously damaged the premises.
  • Or, is engaged in serious illegal activity on the rental premises e.g. drug dealing.

Landlords must remember changing locks or cutting-off utilities to force a tenant to vacate their rental property can lead to various penalties being slapped on them.

No matter how frustrating the outrageous behaviour of an unruly tenant is misdemeanours that would test the patience of a saint, let alone that of a sorely tempted landlord. However, bypassing regular legal proceedings and taking direct and immediate action to protect one’s property is not the best solution.

For example, if despite numerous promises, a tenant fails to pay rent, it is possible it may cross the mind of a landlord to change the locks and throw his / her personal belongings out on the street. Or, in case the landlord is the person responsible for paying utility bills, he / she may simply not pay the bills, resulting in a utility shut-off; all in the hope the resultant lack of water, gas, or electricity will lead to the property being vacated.

Regardless, it is not in a landlord’s best interests to take matters into their own hands thinking their behaviour is excused by a tenant’s deplorable conduct. No matter, the tenant has not paid rent, has left the property damaged or in a garbage heap mess, perhaps indulged in verbal abuses, or acted scandalously, none of it will prove to be valid defence for you. It may well land you on the wrong end of a lawsuit for trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction. You can be certain, the defence for this lawsuit will cost a pretty penny, far more, than if you were to evict an unwanted tenant through legal court procedures.

If you are one of those landlords tempted to take the law into your own hands, in order to force or scare a troublesome tenant off your property, pay heed, just don’t do it! Taking legal shortcuts, such as, threats, intimidation, utility shut-offs, or attempts to physically remove a tenant are illegal and could prove to be dangerous. Even if, the eviction process often entails considerable expense and delay, it is the only legal way to get rid of an undesirable tenant.

Almost, every state forbids self-help evictions, as well as, imposing penalties for breaking the law. A locked-out tenant can sue for actual money losses i.e. the cost of temporary housing, the value of food spoiled in the refrigerator when the electricity was shut-off, or the cost of an electric heater when the gas was shut off. As well, they can also sue for penalties, such as several months rent. Certain states will even allow the tenant to collect and continue to remain on the premises; others only entitle tenants to monetary compensation.

The best advice for landlords is not to run the risk of serious legal entanglements. Avoid self-help evictions as you might invite false claims, with the tenant claiming lost possessions when they were removed from his / her rented accommodation. Far, far better to use a neutral law enforcement officer to enforce a judge’s eviction order.

However, landlords can avoid litigation issues by screening prospective tenants and employees, or by conducting background checks on them. Visit www.e-renter.com for tenant screening and background check services.

Eviction Process Overview

Before slapping a tenant with an eviction lawsuit, landlords and property managers must bear in mind, they can only do so after the tenancy has been terminated. Termination involves a written notice, specific in content and form that must be given to the tenant. If, the tenant does not do as requested i.e. either move or pay the rent or stop sub-letting or find a new home for the pet, then and then only, can a landlord file for eviction.

Most states have a set of laws entailing detailed requirements to end a tenancy. Different types of termination notices are needed for different situations, and each state has its own procedures regarding how termination notices and eviction papers must be written and served.

Termination Notices
Though, terminology may differ slightly from state to state, basically three types of termination notices are used by landlords to terminate unwanted tenancies:

• Pay Rent or Quit Notices are typically served when a tenant has not paid his / her rent. A tenant is given anywhere from 3 to 5-days to pay the rent or move (quit).
• Cure or Quit Notices are typically served when a tenant violates a lease term or condition, such as, a no-sub-letting or no-pets clause or a promise to refrain from making excessive noise. Usually, a set amount of time is given to the tenant to correct, or cure the violation, failing which he / she must move or face the possibility of an eviction lawsuit.
• Unconditional Quit Notices are the severest of the three. They order the tenant to vacate the premises without giving any chance to pay rent or correct a lease or rental agreement violation. However, in most states unconditional quit notices are allowed only when the tenant:
  • Repeatedly violates a significant lease or rental agreement clause,
  • Is habitually late in paying rent,
  • Seriously damages the premises, or
  • Engages in serious illegal activity on the premises e.g. drug dealing.

  However, in some states, landlords are permitted to use Unconditional Quit Notices for misdemeanours that would require Pay or Quit Notices or Cure or Quit Notices in other, more tenant-friendly states. Landlords may extend a second chance if they so wish, but the law of these strict states does not require them to do so.

As well, landlords can use 30-Day or 60-Day Notices to Vacate to end month-to-month tenancies, if a tenant errs. Cities with rent control laws, however, go beyond state laws, and require landlords to give legally recognised reasons for evictions i.e. just cause.

If, following receipt of notice, a tenant still does not leave or desist from violating a lease or rental agreement term, the landlord can serve him / her with a summons and complaint for eviction.

Rationalising the Rules
While, landlords may chafe at following the rigid details of the rules, most states insist on strict compliance. Typically, an eviction case is a fast legal procedure, over and done with, in just a few weeks. All that is required of a landlord is unwavering adherence to the rules. As well, since it involves the loss of a home for the tenant, legislators have been careful to provide rules to ensure a tenant gets adequate notice and an opportunity to respond.

Tenant Defences
If, a tenant decides to fight back, it could be weeks, even months before your property is vacated. Mistakes can be pointed out in the notice or the eviction complaint or improper service of notices, in an attempt to delay or dismiss the case. Therefore, landlords must comply with strict adherence to the rules, including ensuring habitability of the rental premises, since a tenant may use that point to shift attention away from his / her wrongdoing, diminishing a landlord’s chances for winning the lawsuit.

Tenant Removal
If, a landlord wins the eviction lawsuit, a judgment for possession of the property will be delivered, as well as, for unpaid rent. But, landlords are not allowed to physically throw a tenant or his / her personal belongings out, on the sidewalk.

Normally, a landlord must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee, part of the lawsuit costs paid by the tenant to the landlord. The sheriff or marshal, then issues a notice to the tenant that the officer will be back, within a specified number of days to physically remove the tenant and personal possessions, if he / she has not gone by then.

Ques. What steps can a landlord take if a tenant refuses to leave even after his / her lease has been terminated?

Ans. Try reasoning with the tenant, if that fails a landlord can go in for third party mediation, failing which he / she can take the tenant to court. It is important to remember, a landlord cannot evict a tenant on his / her own, it only lies within a court’s jurisdiction to do so.

Ques. How can a lease be terminated after its expiry?

Ans. It all depends on the kind of lease you have. An oral month-to-month tenancy lease can be ended, simply by serving a written notice on the tenant and giving a 30-day notice period to vacate, if rent is paid on a monthly basis. In the event, of weekly rental payments, a landlord must give 7-days notice to vacate. Most states require notices to be delivered in person, although they can be sent by mail, as well.

In case of written leases specifying a set duration or term, a lease automatically expires on the last day of the term. However, some cities require a 30-day written notice to the tenant before the end of a lease term, as without notice, a tenant remains unaware, whether the landlord wishes to renew the lease or terminate it. It is a good idea for landlords to discuss lease expiries with tenants, well before a lease term is up.

A tenant’s lease can also be terminated for a good cause, such as, non-payment of rent, damaging the premises, or violating the rules and regulations mentioned in the lease. Common violations are disturbing the peace of the neighbourhood by creating excessive noise, keeping pets despite a No Pets clause in the lease, keeping co-tenants not listed in the lease. Again, a notice must be issued to the tenant that he / she has so many days in which to correct the problem, failing which, eviction proceedings will take place.

Ques. Why all the emphasis on written notices?

Ans. The law imposes specific statutory obligations on landlords as to the method to be followed for terminating leases, and if a landlord does not comply with a written notice when required or if it is not properly worded or served to the tenant, the landlord forgoes the right to terminate the tenancy. Before proceeding to litigate, a landlord must insure all deficiencies have been corrected in the written notice, as else it may be too late, once the matter has gone to court.

Ques. What is the time duration of the eviction process?

Ans. After expiry of a notice period, a landlord is allowed to go ahead and file an unlawful detainer lawsuit, which is assigned for trial as a summary or quick proceeding by the court. Assuming the notice to vacate and summons to court have been properly serviced, the court renders judgement after a default proceeding or trial, which may be scheduled two weeks after filing of the suit. Certain states allow a judge to order immediate eviction at the end of the trial.

Usually, the court gives the tenant one to four weeks to move out. If a tenant refuses to leave even then, a landlord can hire the sheriff or marshal to carry out a forcible eviction, all of which could take several weeks. Further, a tenant filing a motion for extra time or objecting to the ruling of the court, could lead to further delays.

On the whole, the eviction process can take anywhere from five weeks to three months, assuming there are no delays.

Ques. Supposing a tenant does not show up in court, what happens then?

Ans. In the event a tenant does not respond properly or show up in court, the judge issues a default judgement in favour of the landlord. It is not in a tenant’s interest to fail to appear in court.

Ques. What kind of judgment does a court give for eviction cases?

Ans. A court ruling in favour of the landlord means, it may ask the tenant to simply vacate the premises, or else to pay back rent and vacate, as well as, pay for damages to the premises, court fees, and pay the landlord’s legal costs.

Ques. What if a landlord physically throws out a tenant and his / her possessions after a court orders eviction?

Ans. If, he / she does so, they may end up in trouble. Only a sheriff or some other proper authority can carry out physical eviction, just as only the court can evict a tenant. The main purpose behind court proceedings is to prevent landlords from carrying out illegal self-help evictions. Again, if the court issues a judgement for unpaid rent, the landlord is required to use the normal debt-collection procedures.

Ques. Is a tenant required to pay rent after a lease is terminated or the court orders his / her eviction?

Ans. If, after a landlord and the court have terminated the tenancy, in many states a tenant can still be held liable for payment of rent, if it has been provided for in the lease. However, it is unusual for a landlord to sue a tenant a second time, if the first lawsuit was non-payment of rent.

However, landlords can avoid litigation issues by screening prospective tenants and employees, or by conducting background checks on them. Visit www.e-renter.com for tenant screening and background check services.

There comes a time when every landlord finds himself / herself in a difficult position of having his rental property occupied by a tenant who is not paying rent, or is making a nuisance of himself and causing problems for other tenants, or is causing immense damage to the rental unit, or his / her conduct makes it impossible to continue with a landlord / tenant relationship. Though, state laws governing eviction vary significantly, the following are a few tips to help landlords finding themselves in the unpleasantly messy situation of evicting a tenant.

As the owner of a significant number of residential units, it will be to your benefit to engage a lawyer to advice you on eviction issues, as well as, for handling legal actions. An established relationship with a lawyer is useful as he will carry out various legal tasks charging a flat fee only, whereas, hiring a lawyer on a case to case basis can result in much higher legal fees.

Evicting a Tenant for Non-payment of Rent

The eviction process involves serving a formal notice, informing the tenant the rent is overdue, and he / she faces possible eviction, if they do not pay on time. If a landlord is not knowledgeable about the legal terms of a notice, there are pre-printed forms which fulfil all legal requirements for a proper notice. In case, the rent arrearage has not been paid after the legally defined period i.e. usually, about a week, a landlord can begin eviction proceedings on the basis of non-payment of rent.

Bear in mind, if the tenant makes a partial payment during the eviction process, in most jurisdictions the acceptance of any payment of rent, even a small amount, can result in dismissal of the eviction lawsuit for non-payment.

Lease Violation

When a tenant does not comply with the terms of the lease he / she signed, a landlord must provide a written warning, referring to the lease clause being violated, and allow him / her time to remedy the problem. This is so the tenant cannot later claim ignorance that he / she did not know, they were in violation of the lease, or they received no notice of the violation. The judge will be in favour of the landlord if it is established the tenant ignored a prior notice and the deadline.

Health and Safety Issues

Certain tenants may pose a health or safety problem for other tenants or for the property, in general. In many jurisdictions, it is permissible for the landlord to evict tenants whose conduct is hazardous to the health of other tenants or can damage the property. First of all, a landlord should serve the tenant with a fixed period of time notice (a week) to remedy or repair the problem, or else move out. If no corrective action is taken, a landlord can proceed with the eviction proceedings.

Even if a tenant resolves the issue, but you still want him / her out, serve them a notice on eviction on health or safety grounds, as well as, a notice stating their tenancy is being terminated.

Bankruptcy

In the event a tenant files for bankruptcy, an automatic stay prevents a landlord from continuing with the eviction proceedings until the bankruptcy is resolved, or the bankruptcy court permits eviction proceedings to continue by lifting the stay. This may require a motion to be brought before the bankruptcy court, asking for the stay to be lifted.

Tenant Counter-Claims

When a landlord begins eviction proceedings, some tenant may bring counter-claims against the landlord, such as, inadequate maintenance of property or violation of the lease, and may ask the court to stop eviction proceedings or else for a substantial rent decrease in arrearage owed.

This is why it is good practice to keep written records of any complaints received from tenants about the rental unit or common areas, and steps taken by the landlord to resolve them, as also with warnings of tenant misconduct. Remember a landlord’s can preclude a tenant’s claim that despite repeatedly complaining about a problem with their unit, the landlord failed to respond with positive action, as long as the landlord has kept records of all interaction with the tenant and of action taken.

Trials

Before going to court, a landlord must ensure all his documentation in relation to the case is in order and there is nothing missing. Unless a landlord is conversant with the rental laws of his state and has had enough experience in eviction cases, it is also advisable to engage a lawyer, well versed in property law of the state a landlord’s rental property resides in.

The above should provide you with enough knowledge of what is required for a successful eviction.

The following is a brief overview of the eviction process, as well as, the different types of termination notices required in different situations, including a tenant’s failure to pay rent.

Eviction, the process of physically removing a tenant and his possessions from your rental accommodation, is not legal unless and until a landlord goes to court and proves a rental or lease agreement has been breached, adequate justification for ending a tenant’s tenancy.

What a landlord needs to know is that a tenant’s tenancy has to be terminated, before an eviction lawsuit can be filed, either to get possession of his / her rental property or for non-payment of rent. Usually, this involves giving adequate written notice to the tenant to vacate the premises. If, despite a notice to vacate, the tenant does not mend his / her ways, either by paying up due rent or finding a new home for the pet, a landlord is entitled to file a lawsuit for evicting a recalcitrant tenant.

State laws have set out detailed requirements for landlords wishing to end bad tenancies, with each state following its own procedures regarding termination notices and eviction papers to be written and delivered (‘served’). Different situations require different types of notices, and although terminology differs somewhat state to state, basically, there are three kinds of termination notices:

1. Pay Up or Quit notices are sent, in the event, a tenant has not paid the rent. In most states, this type of notice requires 3 to 5-days be given to a tenant, either to pay up or move out (‘quit’).
2. Typically, Cure or Quit notices are given when a term or condition of the lease or rental agreement has been violated, such as, a no pets clause, or a promise to keep the noise volume low. Usually, a set amount of time is given to a tenant, in which to correct, or ‘cure’, the violation, failing which, a tenant must move out, or face an eviction lawsuit.
3. The last, Unconditional Quit notices are the severest of all. They order the tenant to vacate his / her rental premises, without giving any chance to pay rent or correct the lease or rental agreement violation. Most states allow unconditional quit notices only when the tenant:
   • repeatedly violates a significant lease or rental agreement clause,
   • is late in rent payment on more than one occasion,
   • seriously damages the premises, or
   • engages in illegal activities, such as, drug dealing on the premises.

All three types of notices are on the books of most states, but, certain states permit landlords to use Unconditional Quit notices for minor indiscretions, such as, late rent payment or rental clause violations that merit Pay or Quit or Cure or Quit notices. In other, more tenant-friendly states, landlords, if they so wish, can give the tenant a second chance, though the law does not require it of them.

State rules and procedures have to be followed exactly, as otherwise, landlords can expect there to be delays in the eviction process, resulting in a landlord having to re-serve his / her notices or re-file court papers. It is very important to go strictly by the rules, as non-adherence can, sometimes lead to the loss of the lawsuit, despite the constant bouncing of a tenant’s rental cheques from here to kingdom come. Though, one may chafe at the detailed rules to be followed, however, there is a reason, why most states insist on strict compliance.

Firstly, an eviction case is, relatively speaking, a very fast legal procedure. There are not many other civil cases that can be over and done with, in a matter of a few weeks. Unwavering adherence to the rules is, but a small price to pay for streamlined treatment.

Secondly, a tenant’s home is at stake here, and arguably it is more important than a civil case relating to money or business. Consequently, legislators are extra careful, ensuring a tenant gets adequate notice and opportunity to respond. Many cities with rent control in place go beyond state laws, which typically allows landlords to terminate month-to-month tenancies at will, though a landlord is still required to prove a legally recognised reason, or just cause for eviction of even month-to-month tenants.

Even, a properly conducted eviction lawsuit with a valid reason, does not always assure one of quick victory. A tenant deciding to mount a defence could add weeks, even months to the process.

The way a landlord has conducted business with the tenant could also affect the outcome of the eviction lawsuit, i.e. a tenant pointing out a landlord’s behaviour, such as retaliation, manages to shift attention away from the tenant’s wrongdoing, diminishing the landlord’s chances of victory. Simply put, if a landlord wants to win, he / she must have thorough knowledge of his / her legal rights and duties before taking the matter to court. Every ‘I’ must be dotted and every ‘T’ must be crossed to avoid losing to the other party.

Finally, an eviction lawsuit win does not mean the tenant and his / her possessions can be put out on the sidewalk. As a rule, the judgment must be given to a local law enforcement officer, along with the fee paid by the tenant as part of the landlord’s legal costs. The sheriff or marshal notifies the tenant, giving notice that he / she be gone when the he / she visits within just a few days, to physically remove the tenant, if he / she is not gone, by then.

To avoid expensive litigation with unruly tenants, successful landlords must screen prospective tenants and employees, as well as, conduct a background check on them to verify they do not have a criminal past. Visit www.e-renter.com for tenant screening and background check services.