Posted by Teresa on June 8, 2010 under Eviction, Tenant Screening & Background Checks | 
Elaine is a responsible, no-nonsense landlord. Her leases are clear and thorough, and her tenants generally live by her rules. Every now and then, however, Elaine signs a lease with a tenant who unexpectedly starts causing trouble—despite her checking the tenant’s rental history, criminal background, and credit.
This time it’s a young woman who is simply too loud. She plays her TV at top volume, listens to bass-busting music late at night, and has way too many parties with her also-loud friends.
Elaine has reminded the young tenant about her rules on disturbing the peace. She’s asked her to discontinue the behavior. And now, other tenants are complaining. Elaine is ready to issue a Three-Day Notice to Quit. Is that her best option?
According to our sources, no. This non-conditional notice is generally used when whatever is happening to breach the lease cannot be corrected. Examples include illegal behavior like selling drugs, irreparable damage to the property, or subleasing the property without permission. The notice tells the tenant that if they are not out in three days, eviction proceedings will begin.
In this case, Elaine’s tenant could still correct her problem—just by quitting the loud parties and turning down her stereo equipment. Therefore, a Three-Day Notice to Perform Covenant or Quit is the better recourse. It must specifically state the behavior that breaches the lease so the tenant can correct it.
Then if the problem continues over the three-day period, Elaine can start eviction proceedings. But what if the tenant quiets down for three days, and turns up the volume again? Hopefully, the threat of eviction is enough to inspire behavior modification in this tenant. If not, another Three-Day Notice to Perform Covenant can be issued. After a few of these, it might be time for the Three Day Notice to Quit!
Legal disclaimer:
The contents of this article are intended for general information purposes only, and should not be relied upon as a substitute for obtaining legal advice applicable to your situation. Always consult your legal advisor for your particular situation.
Posted by Teresa on March 18, 2009 under Eviction, Landlord Tenant Lawsuits |
Courtesy of www.flickr.com/umjandoan
Eviction: the word itself sounds unpleasant, and it is—on both sides. Does any landlord begin the eviction process against a tenant unless it is absolutely necessary? It’s not likely that anyone actually enjoys the legalities, paperwork, court orders and stress that accompany this process.
The best way to prevent having to evict tenants is to do the work required up front to attract and retain the best tenants. A few examples are:
1. Keep your property in the best possible condition;
2. Keep communication open with your tenants;
3. Screen tenants prior to signing the rental agreement;
4. Put everything in writing.
Even when all seems to be going well, you could still experience a situation that cannot be tolerated; and eviction is the eventual result. Knowing what to do in this case can make it easier.
Eviction laws vary by state and even by locality; it is vital to follow them precisely. You may decide to consult an attorney or eviction service to assist you; if so, the web is a great resource to find these specialists.
There are basic rules to evict problem tenants, no matter where you live. First, a legal reason, such as violating the lease agreement, is required. Second, you must give the tenant notice. Each state has exacting procedures that define “proper notice.” Keep in mind that in some localities, you may not follow through on the eviction if you accept rent payments after giving notice. Third, you will have a legal proceeding before a judge. If the judge’s rule calls for eviction, there will be a notice of eviction from the court.
Now, the court may side with the tenant; if you decide to appeal the decision, be prepared for another lengthy and costly procedure. You will likely need legal representation for the appeals process. And, the tenants can appeal, as well—so a first-round victory doesn’t mean you’re completely off the hook.
Preparation is key: a solid rental agreement, along with evidence (such as photographs and communication logs) will be your best tools when facing the eviction process. It’s easier to stay organized from the beginning than to try to catch up when you’re facing a court date!
Next Post: Becoming a Landlord
Posted by Teresa on March 11, 2009 under Landlord Tips, Tenant Screening & Background Checks |
Stessed Out Over Problem Tenants?
Every landlord defines “problem tenants” differently, but all can agree they are just not easy to deal with. You might be considered lucky if your problem tenant is just late with the rent or is loud and disruptive at 3 a.m. While some bend the rules, others break your property, causing costly damages. And in extreme cases, tenants threaten harm to others or engage in illegal activity. Problem tenants cause much more than headaches for their landlords. What are your options in dealing with them?
Laws vary by state and even locality, so be sure to check with legal resources before proceeding to any action. Tenants have rights, too. You do not want to be sued for taking illegal action against a problem tenant. If you intend to end the tenancy for a rules violation, you must give the tenant written notice, with time for them to correct the problem. If a tenant is late on rent, you send a notice giving them a number of days to pay or they must vacate the premises. For recurring problems such as late payment, or major damages, you would send an unconditional notice to move, with no time to correct the issue.
When you have exhausted other options, there is often no choice other than to evict. Consistent late rent, severe property damage, illegal activity or non-payment of rent are good reasons to proceed to eviction.
It’s a good practice to communicate regularly with tenants, and to carefully document all communication. If you are claiming damages or lease violations, you must have proof if you end up in court, so make notes, send correspondence by certified mail when necessary, and take photos of all damages.
The best defense against problem tenantsis to prevent them from moving into your property in the first place. Prescreening tenants with reference, background and credit checks is not 100% foolproof, but it’s a good practice to establish. While there are no guarantees, and even the most cautious landlords have their share of bad tenants, prescreening will definitely help you avoid them.
Next Post: Illegal Retaliation
Elaine is a responsible, no-nonsense landlord. Her leases are clear and thorough, and her tenants generally live by her rules. Every now and then, however, Elaine signs a lease with a tenant who unexpectedly starts causing trouble—despite her checking the tenant’s rental history, criminal background, and credit.