If, any landlord takes a legal shortcut for evicting an unwanted tenant, by resorting to changing locks or cutting off the water or electric supply, his / her actions would be subject to penalty charges.

Talk to any experienced landlord and he / she will confirm, there are occasional tenants, whose outrageous behaviour compels a landlord into being tempted to circumvent normal legal protections, taking direct and immediate action, in order to protect his / her property.

Take for example, a tenant who repeatedly makes numerous promises to pay rent, however never does so, no doubt an attitude that compels a landlord to seriously consider changing the locks and putting the tenant’s personal possessions out on the street. Or, if a landlord is responsible for paying the utility charges, he / she could be tempted not to pay the bill, hoping lack of water, gas or electricity will hasten an unwanted tenant’s departure.

If, you are tempted to take the law into your own hands, in a bid to force or scare a troublesome tenant off your property: Simply, forget it, just don’t do it! Intimidation, coercion, utility shut-offs or attempts to physically remove a tenant are illegal and dangerous. Anyone resorting to such tactics may find himself / herself slapped with a lawsuit for intrusion, assault, battery, slander and libel, intentional infliction of emotional distress and wrongful eviction. Therefore, even if the eviction process entails considerable trouble, expense and delay, it is the best and only legal way to do things.

You may think that a tenant’s deplorable conduct excuses the taking of the matter into their own hands. However, non-payment of rent by a tenant, or one who left the property a mess, indulged in verbal abuse, or otherwise acted outrageously will not be a valid defence or hold in court, if you are sued. While, a landlord can file his / her own lawsuit for damages or back rent, he / she will most likely lose the lawsuit for illegally evicting a tenant. As a defendant, this lawsuit will cost far more than going to court for evicting a tenant using legal court procedures.

Every state in America forbids ‘self-help’ evictions and imposes penalty charges for landlords breaking the law. As well, keep in mind, if you change locks, thereby locking a tenant out, or cut-off the heating, freezing him / her freezing, or cut-off or deny use of electricity or water, the tenant can sue for monetary compensation, such as, money spent on temporary housing, the value of food spoiled due to electricity being cut-off, or the cost of an electric heater when the heating was shut off. A tenant can also sue for penalties, such as several months rent, and in some states, a tenant can collect, even as he / she continues to remain on the premises, while, other states entitle him / her to monetary compensation, only.

Even in states, with no legislation against self-help evictions, landlords run a risk of serious practical and legal entanglements, if they throw tenants out on their own. Always, there is great surprise, when a tenant sues them for the loss of personal possessions that were lost, when the landlord removed his / her belongings. It is far better to use a neutral law enforcement officer to enforce a judge’s eviction order and avoid these unpleasantries.

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

Taking legal shortcuts to evict a tenant from your rental property by changing locks or cutting off utilities can mean a number of penalties slapped on the landlord.

Talk to any experienced landlord and he / she will attest to the fact, they have had a few tenants indulging in such outrageous acts, as to provide strong temptation to take direct action. For example, a tenant always promising to pay the rent, but never coming up with real cash may fuel a landlord’s rage and the considering of clearing his / her rental property of a tenant’s personal belongings by throwing them out on the street and proceeding to change locks to prevent him / her from getting in. Or else, a landlord responsible for paying the utility charges may refuse to pay the bill, causing a utilities cut-off that leaves the tenant without water, gas or electricity.

In case, you are one of those landlords, sorely tempted to take the law into your own hands, hoping to force a tenant out of your property, pay heed to my advice. DO NOT DO IT! Threats, intimidation, cutting off utilities or attempting to physically remove a tenant is not only illegal it is dangerous, as well. If you attempt any of the above actions, you may find yourself slapped with one or all of the following i.e. a trespassing lawsuit, assault, battery, slander and libel, intentional infliction of emotional distress, including wrongful eviction. Even though, the eviction process involves considerable expense, delay and troublesome litigation, it is your only and best legal recourse.

It is erroneous for a landlord to think or believe a tenant’s heinous behaviour excuses the taking of matters into their own hands. A tenant not paying rent, damaging your property or leaving it a mess, verbally abusing you, or otherwise, acting outrageously will not provide you with a valid defence case. A lawsuit by the tenant for illegally evicting him / her may cost far more than evicting the tenant through normal legal court proceeding.

Self-help evictions are virtually forbidden by every state, including imposing penalties on landlords who break the law. Locked out tenants, tenants denied heat, electricity and water may sue a landlord for money losses i.e. money spent on temporary housing, cost of food that spoilt in the refrigerator or the cost of an electric heater due to the gas being shut-off. They could even sue for several months rent. While, some states allow a tenant to collect his / her compensation and continue to stay on, other states simply entitle him / her to monetary compensation.

Far better to go to court and have a judge issue an eviction order, reinforced and upheld by a neutral law enforcement officer, than to risk facing serious practical and legal entanglements. Prevent the desire for self-evictions by going through a proper selection procedure for would-be-tenants. To avoid any mishaps or unwanted tenants, visit www.e-renter.com for help with tenant screening and background checks, the best and only way to prevent expensive litigation, later on.

Tenant eviction is never a pleasant chore; nevertheless, it has to be done, when necessary. If all options have been exhausted and the only one left is to evict a tenant, take the following set of specific steps to ensure everything goes smoothly.

Documentation should be in order. Before you can evict a tenant, there must be enough documentation showing why the eviction is necessary. In case, the tenant contests the eviction, or refuses to leave, or even tries to sue you for discrimination or claims it is retaliatory eviction, you will thank your lucky stars, you chose to keep a record of documentary evidence. What is required is a tenant’s initial rental application, signed rental agreement, as well as, a record of incidents; your decision to evict the tenant is based on. For example, if the tenant repeatedly violated the building rules or breached the lease, you should have recorded proof of each violation. If the tenant does not pay rent on time or stops paying it, completely, all this should be on record.

Clearly state your reason for evicting the tenant in the eviction notice. A landlord must clearly state the reasons that have led him / her to decide to evict the tenant. At least, two copies of the notice should be made i.e. one for the tenant and one for your records.

Inspect your property on a frequent basis. A vindictive tenant may trash the rental unit, simply to get back at a landlord for wanting to evict him / her. Therefore, it is important before the tenant leaves, a walk through the property is scheduled with the tenant. A minimum of 24-hours notice has to be issued before the walk through can be performed. While, doing so take careful notes regarding the condition of the unit and, if possible, take pictures of its current state. This way, if necessary, you can withhold the tenant’s security deposit for damages if any, when a tenant is evicted.

Returning the tenant’s security deposit. If your rental property has been damaged, or a tenant owes back rent, they automatically forfeit their security deposit. Always, include a provision in your rental agreements relating to the fate of security deposits, if any of the above events take place.

Police presence when serving notice to evict. If a landlord feels the situation could turn ugly when serving a tenant an eviction notice, the local police department can be involved at the time of serving it, ensuring both parties feel protected.

Has the required notice time been given before eviction proceedings take place? Varying from state to state, the accepted time period is 30-days from the date of the eviction notice to the last day of occupancy. However, certain states ask only for a 72-hour notice in case of non-payment of rent. State laws should be checked out before serving an eviction notice to ensure you comply with them.

Eviction notices must comply with state and local laws. Draft all notices, including eviction notices as required by law. If the notice doesn’t comply with the state law, it could invalidate your eviction attempt.

Post eviction walk through. Perform a walk through of your property once the tenant has vacated it. Compare notes and match pictures taken to determine the extent of damage, if any, and any other changes to the property since your last walk through.

Ensure all the above information is included in your documentation. Don’t stop keeping records on an evicted tenant. Add a copy of the eviction notice, walkthrough checklists and pictures, including any other pertinent information. All this could prove useful in the event a tenant tries to make a delayed claim for wrongful eviction. Keep this documentation for at least a minimum of three years to play it safe.

If an eviction is organized well, there will be less stress for everyone involved. It may be difficult for you as a landlord, but remember it is just as tough for the tenant. Evicted tenants have been known to react adversely and a landlord must take necessary steps to protect his / her interests and property.

Further, what comes first is the selection of suitable tenants for your property. Getting relevant information on rental application forms will assist you in screening prospective tenants, tenants who will respect, maintain and limit damage to only wear and tear of your property. For help in suitable tenant selection, visit www.e-renter.com for tenant screening and background check services, the best and only way to prevent expensive litigation, penalty charges or property damage.

It is important for owners of rental property to know about the eviction process, including the kinds of lease termination notices that are required in different situations, from tenant’s failure to pay rent to misbehaviour, property damage, etc.

What every landlord must know is that he / she cannot physically remove a tenant from his / her rented property. Eviction can only be done through the process of going to court and proving the tenant’s actions justify ending his / her tenancy.

However, a landlord cannot file for an eviction lawsuit, without terminating the tenancy first. A written notice should be issued to the tenant stating unless the tenant does not move, or pay rent or move his / her pet out, a lawsuit will be filed against the tenant.

According to state laws, there are very detailed requirements for ending a tenancy, and each state has its own procedures regarding how termination notices and eviction papers must be written and served. Different situations require a different type of notice, and though terminology may vary from state to state, basically there are 3-types of termination notices.

1. The first notice is for tenants who have not paid their rent. Pay rent or quit notices give the tenant a few days (3 to 5-days in most states) to pay up or move out.
2. The second notice is for any violation of the terms and conditions of a lease or rental agreement, e.g. a no pets clause or a clause that stipulates noise control. Cure or Quit notices give the tenant a set period of time to correct the lease violation. Failing to do so means, either the tenant must move out or will have an eviction case slapped on him / her.
3. The harshest of all is the unconditional quit notice that orders the tenant to vacate, without a chance to pay rent, or correct the lease / rental agreement violation. Most states only allow unconditional quit notices if a tenant has:
   • Time and again violated an important lease or rental agreement clause.
   • Been late in paying rent on more than one occasion.
   • Caused serious damage to the premises.
   • Or, engaged in criminal or serious illegal activity e.g. drug dealing on the premises.

A number of states allow all the three types of notices, but some states allow landlords to use the unconditional quit notice, even for late rent or violation of a lease clause that would merit Pay or Quit or Cure or Quit notices in other tenant friendly states. And, of course, a landlord can offer the tenant a second chance, if he / she so wishes, however, it is not legally stipulated, as such.

It is essential landlords are careful in adhering to state rules and procedures, otherwise there can be delays in the eviction process, or else he / she can lose the lawsuit, even if the tenant has failed to pay rent or issued bounced rent cheques on more than one occasion. Landlords may chafe at the strict compliance of the detailed rules, but unwavering adherence to the rules help make any eviction suit, a relatively fast legal process that can be over, in only a few weeks.

Finally, winning an eviction suit does not mean a landlord can throw the tenant’s belongings out of his / her property. The judgement has to be handed over to a local law enforcement agency, together with a fee the tenant is required to pay as part of the landlord’s lawsuit costs. The sheriff or marshal then issues a notice to the tenant, confirming if he / she is not gone when the officer returns in a few days, he / she will be physically removed.

Since, litigation can be an expensive process, it is important landlords go through a proper selection procedure for would-be-tenants. To avoid any mishaps or unwanted tenants, visit www.e-renter.com for tenant screening and background check services., the best and only way to prevent expensive litigation, later on.

Maybe your tenant has not paid rent for a lengthy period of time, has continually broken the terms of the lease agreement, or deliberately and intentionally damages your property. No matter what the reason it is time to terminate the lease agreement and evict the problem tenant.

This, however, can prove to be difficult for landlords, particularly those saddled with problem tenants. In such a situation, so as not to be accused of discrimination or held hostage by an unruly tenant, one must take specific steps to protect one’s interests.

Lease Termination for non-payment of rent. Even though, this is the most cut-and-dried area, landlords must still document reasons for eviction, including a clause in the lease that states, what will happen if a tenant fails to pay rent. If a tenant is habitually late in paying rent, or fails to pay it, a landlord should keep a record, including a file on each tenant to ensure accurate record keeping that will hold up, should a tenant contest the eviction.

The first step should be to warn the tenant he / she is in danger of being evicted as a result of late payments or non-payment of rent. If no heed is paid to the warning, then issue him / her an eviction notice. Give the tenant 15-days between the warning and the notice to make payment. Ensure you stick to this time limit or the warning will lose credibility, as how long the tenant takes to vacate the property is determined by state law.

Breaking or failing to follow the lease agreement. This can cause landlords many problems; therefore, it is important they include rules and prohibited conduct within the rental agreement. The lease should state clearly what behaviours are unacceptable and the consequences of not respecting the lease.

Take for example, if you do not want pets in your rental property or would prefer the tenant removes his / her own trash, it should be stated clearly in the lease agreement. In the event of a problem occurring, ensure you document what happened, when it happened, and how you dealt with it. And, provide at lease one warning to the irresponsible tenant before terminating the lease.

If documentation of the problems and the warning does not stop a tenant from persisting in breaching the lease, then it is time to serve an eviction notice based on the problems. Documenting lease violations will protect you, in the event a tenant does not wish to leave or intends to fight your decision in court.

Lease Termination for property damage. If a tenant damages your property and refuses to carry out repairs, document the problem clearly. Put down in detail when the damage occurred or was noticed, any police action that might have taken place, including pictures of the property to prove the extent of the damage. Before and after pictures of the property will help considerably in improving your claim. With all documentation in place, you can now serve an eviction notice and terminate the lease agreement.

Amicable lease termination. Or else, a landlord may terminate the lease in agreement with a tenant who wishes to move. In this case, request the current tenant to find a replacement tenant for the duration of the lease, or withhold the security deposit in lieu of a month’s notice.

A successful landlord must take time to prepare a lease agreement that covers all eventualities and document any problems that occur and their resolution, to minimize tenant problems. What is included in the lease will help him / her win the case in court.

There are innumerable reasons a landlord may wish to evict his / her tenant, factors that range from:

1. Failure to pay rent.
2. Breaching or breaking the lease.
3. Trashing or causing considerable damage to the place, or
4. Any other reason that gives the landlord “good cause” to evict a tenant.

Each state has its own laws on eviction proceedings, laws which vary widely state to state, and are sometimes called “summary dispossess” or “unlawful detainer” lawsuits. Extremely detailed, eviction laws have to be followed to the T of a landlord is to successfully evict an unwanted tenant. Most if not all states, have special restrictions on eviction that apply to residential leases, and these restrictions have to be met precisely before permission is granted to a landlord to evict his / her tenant.

As a rule, a landlord is required to give his / her tenant a “notice to quit” before he / she can begin eviction proceedings. If rent remains unpaid or else other problems remain unsolved, and the tenant refuses to leave even after notice to quit period has expired, a landlord can then go ahead and file a lawsuit, but normally cannot remove a tenant at the expiration of the notice period.

You can consider a lawsuit as initiated, when legal papers are served to the tenant in the form of a summons and complaint. The court hearing pertaining to the case is held in a relatively short period of time, sometimes as soon as 14-days after the serving of the summons and complaint.

At eviction hearings, tenants usually present various defences, such as, right to deduct rent due to the condition of the premises or a miscalculation in rent accounting. The tenant may also prove that he / she is being evicted in retaliation for certain actions, such as,

1. Request for repairs to rental accommodation.
2. Complaints regarding discrimination in housing.
3. Rallying other tenants against the landlord.
4. Reporting housing code violations or asking for code inspections.

After the hearing, if the court rules in favour of the landlord, a tenant is allowed a short period of time to move out before the landlord begins proceeding to forcibly evict the tenant. If the tenant does not voluntarily leave, the landlord can request law enforcement officers to assist him in completing the eviction process. As such, an enforcement officer will issue an official notice informing the tenant, the police will arrive at a certain time to physically remove him / her and his / her possessions from the premises.

It is imperative the landlord does not engage in any acts of self-help i.e. changing locks, turning off utilities, removing the tenants belongings or forcibly attempting to remove the tenant, himself. A landlord must bear in mind; self-help in most states is considered a crime and is completely outlawed. As long as you follow the law, there is no reason a landlord will not be allowed to evict an unwanted tenant. Your best bet in eviction cases is to go by the rules, the best and only solution to solve tenant problems!

As a landlord there are times when you are faced with a non-compliant tenant who needs to be evicted. The reasons could be many ranging from non-payment of rent, failure to maintain or maybe a bad tenant who simply escaped the screening process. Before getting into expensive litigation, it is important for you to try friendly negotiation before taking things to the next level.

If you are thinking of evicting a tenant for non-payment of rent, you must understand, as a rule, tenants withhold rent for a variety of reasons that range from temporary unemployment or cash shortage, to simply because the landlord has not carried out necessary repairs or is irresponsible about maintenance tasks. Communication is the key to this common problem, and it is important for all landlords to understand a tenant’s problems, so they can negotiate with him.

If it is a case of the tenant being temporarily unemployed or facing cash problems, the most effective rent collection method is offering a structured payment option. Accept partial payments to help a good tenant out, till he is in a position to pay in full. Or else, suggest moving the tenant to a smaller, low cost unit or ask him / her to get a roommate to split the rental cost with. However, if negotiations fail, the landlord should try and convince the tenant to leave voluntarily, by explaining the negative long-term impact eviction will have on their rental history. You will find this strategy will work as eviction on their record may make it difficult for them to find a place to rent.

If uncertain about the grounds a landlord is entitled to ask a tenant to evict, they are as follows:

1. Failing to maintain his / her rental unit in compliance with the maintenance standards listed under Tenant Responsibilities detailed under Section 24 of the FCRA. If a tenant does not take corrective action for health or safety issues that arise as a result of his / her negligence, the landlord can send him / her a written statement, asking for repairs, replacement or cleaning to be done immediately in case of an emergency or within 20-days. If the tenant does not comply, the landlord has the legal right to enter the rental unit and conduct the necessary repairs, charging the tenant for it.
2. A landlord has the right to evict a tenant for failure to pay rent within 15-days of its due date, (or as specified in your jurisdiction) by sending a written notice (similar to Section 56-a of FCRA) requesting the amount overdue to be paid within 5-days of receiving the notice, failure to do so will result in the termination of the rental agreement, with the landlord having no option but to go to court to evict the tenant.
3. In case a landlord does not receive the overdue rent within the specified timeframe, he is entitled to file Complaint for Eviction for Non-payment of Rent (Section 56-d) form in the local district court.
4. After the case has been registered, the court clerk will give copies of the eviction complaint, an R.I.G.L. 34-18 Section 56-g court summons and Section 56-j tenant answer form to the landlord that must be sent by first-class mail to the tenant. As well, copies will be served to the tenant by the court sheriff.
5. In case, the tenant feels he is being wrongfully evicted, he has the right to fill the answer form and send copies to the landlord / lawyer and the court before the hearing date. If the tenant is contesting his eviction, it is important for the tenant to attend the hearing and provide his or her defence as stated in the answer form.
6. The tenant can also overturn the eviction by paying back rent, up to or at the hearing. But, tenants must bear in mind the option to pay after a court eviction action has been started is not allowed to those, who received other five-day late notices within the prior six months.
7. And, what landlords must remember is, courts will not allow an eviction for non-payment, in case there is evidence the tenant attempted to make full legal payment that was refused by the landlord. Therefore, tenants should remember to keep records of returned cheques, cash, etc., as proof they did make an attempt to pay their rent, if in fact, this is true.

For protection from costly legal fees, landlords must ensure rental agreements contain property rules and regulations, while tenants should read carefully and understand what they sign. This way you can ensure a congenial landlord / tenant relationship that doesn’t have to end in acrimonious dispute!