Potential Reasons For Eviction

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!