Category: Law

Sometimes, despite the best efforts of property managers and owners, tenants are unable to pay their rent on time or have violated the terms of their lease. In these situations, the tenant must be evicted promptly so that they do not remain in arrears for an extended period.

Evicting a tenant can often be a complicated process, and it is best to consult with an eviction lawyer or a property manager when needed. Typically there are three types of evictions: voluntary, court-ordered, and self-help. Each of these methods has different legal requirements that must be met for the tenant to be removed from the premises.

Voluntary evictions

They occur when the tenant chooses to move out of the rental unit on their own accord. This can be for any number of reasons, such as not being able to pay rent or violating the terms of their lease. In most cases, the tenant will simply pack up their belongings and leave the property without any further legal action required.

Voluntary evictions procedure

If the tenant has not paid rent or has violated the terms of their lease, the property manager or owner may give them a written notice to vacate the premises. This notice will specify the date by which the tenant must leave the property. In some cases, the tenant may be given a grace period to remedy the situation before being officially served with the notice.

The property management or owner can file an eviction case with the court if the tenant does not comply with the notice and vacates the premises by the designated date. Once the lawsuit is filed, a judge will review the case and issue a ruling. If the judge rules in favor of the eviction, a writ of possession will be issued. This writ will give the sheriff permission to remove the tenant from the property by force if necessary.

Court-ordered evictions

They are initiated by the landlord or property manager and involve a court order being filed with the local sheriff to have the tenant removed from the premises. Several steps must be taken before this occurs, including sending a written notice of eviction to the tenant, pursuing any legal remedies available against them (such as a civil lawsuit), and completing a court hearing.

Court ordered eviction Procedure

1. The landlord or property manager must first send a written notice of eviction to the tenant, informing them of their intention to pursue a court-ordered eviction.
2. If the tenant does not comply with this notice, the landlord can then pursue any legal remedies available to them, such as filing a civil lawsuit.
3. Once the landlord has obtained a court order, they must then contact the local sheriff to have the tenant removed from the premises.
4. The sheriff will then serve the tenant with an eviction notice, and they will have a set amount of time to vacate the property.
5. If the tenant does not comply with this notice, they will be forcibly removed from the premises by the sheriff’s department. This process can be stressful and often disrupts both tenants and landlords.

Self-help evictions

Some landlords and property managers choose to use self-help evictions, which involve physically removing the tenant from their rental unit themselves. This is illegal in most states, as it may lead to legal action by the tenant against the landlord or property manager. It is best never to engage in this type of eviction unless you have a court order and you involve law enforcement officials in the process.

Whatever method of tenant eviction service used, the tenant must be removed as quickly as possible so they do not continue to incur legal fees or rent arrearage. If you need assistance with an eviction, consult with your local property manager or attorney for guidance.

You can hire a tenant lawyer for your case if there is a lawyer clause in the rental or lease agreement. If you don’t know what the tenant lawyer clause is then you should know it means that if your lawyer wins you do not have to face eviction. Your attorney will file a case against the landlord to make sure that you don’t have to leave the house. Before you hire any tenant attorney, make sure that you do thorough research about the same. You have a better chance of winning the case if you hire a good tenant attorney.

The tenant attorney has a better understanding of the case and he knows how to use valid points to win against the eviction notice. If you are willing to hire a tenant lawyer then you must ensure that you get an appointment to know about them better and what course of action he will take. When you visit an attorney’s chamber, make sure that you carry a photocopy of your rental and lease agreement and tell them about the payment schedule.

The tenant attorney will charge legal fees according to your case. The landlords are responsible for all the costs regarding the eviction case only if you win the case.

If you hire a good landlord-tenant lawyer then you may have the right to hold monthly rent payments and do your needed repair works and deduct it from the monthly rent payments.

If you hold payments, your lawyer will put the rent payments into an account which will be paid to the landlord on the completion of the needed repair work. You can also do the needed work by yourself and buy supplies required for repairs and pay the remaining amount to the landlord.

The tenant must know their rights very well. In many cases, the landlords use any unlawful means to try to evict you from the house. Below are some of the illegal ways a landlord employs to evict you.

1. The landlord illegally changes the locks of the door and in some cases, take the front door out of its hinges
2. The landlord may cut off the electricity of your house
3. The most common thing that they do is pack up all your belongings and put them outside of your room

You should know that landlord has no legal rights to threaten you or do anything else that is illegal. There are legal procedures that a landlord has to follow if he really wants to evict any tenants. If you hire a good tenant lawyer then they can help you in fighting against the landlord if they are employing any illegal ways.

In some cases, landlords may discriminate against their tenants. In that case, you should know your rights. Discrimination is illegal and if your landlord is discriminating against you then you can report it and if you successfully prove that the landlord discriminated against you then you can file a case against him. If the landlord tries to harm you in any other way then you can hold him accountable in the court of law.