Having to perform an eviction is a hard task. It can be hard enough knowing that you are depriving someone of having a place to live. If on top of that, you are not sure if you should proceed with an eviction, or if you are legally allowed to perform it at all, things can become even more complicated. What most people are sure about is that they are in for a wild ride. Being informed is very important in this regard, and people should not hesitate to consult with an eviction lawyer.
Evictions are controversial all over the world. Property owners are always worried about damaging their reputation after performing an eviction. This is not surprising if we consider that the only thing that is needed to perform an eviction is to have the owner’s consent for it. After all, an owner can always give its tenant one last chance to come to a further agreement.
Whatever your line of thought is, having the correct information is always essential for any property owner. In this article, we will guide you through this complicated matter and give you advice on how to act and what to be aware of when you are facing a situation that may or may not end in evicting tenants from your property. So stay with us and find out!
Which are the most common circumstances that cause evictions?
There can be several reasons to be evicted. One of them (and often the most common) is not paying the rent on time. This can include repeated instances of failing to pay the rent when required and repeatedly failing paying methods. There are also other reasons that are not necessarily related to money.
Among the most common reasons to hire an eviction services company, we can mention:
The tenant is disrupting the peace and well-being of other tenants due to inappropriate or unacceptable behavior.
The tenant(s) is worsening the living conditions of others by damaging property or routinely neglecting cleaning the premises or otherwise throwing waste material on the property.
The tenant(s) incurs in criminal behavior on the property.
Tenants fail to comply with the terms and conditions of the residential or commercial rental agreement.
Tenants are having additional occupants living in the property that was not included in the original contract.
How can you know that it is time to take legal action and pursue the eviction?
If you have proof that a tenant is doing one or more of the previously mentioned, you can ask your attorney to file an eviction by associating this behavior with the type of rental agreement that you signed with your tenant. Being on rent control can also allow you to do this.
If you have proof that a tenant is not conforming to the conditions or requirements this person signed when the agreement was made, you as a property owner can serve an eviction notice. This will be done if the owner bases the eviction notice upon the absence of compliance by the other party, the tenant.
If the owner concludes that the rules were broken, to solve an agreement-compliance problem with the tenant, a new lease should be signed by this party. Consequently, the tenant must sign and comply; otherwise, the party can receive an eviction notice and should leave the premises as soon as the law allows.
What can you do as a tenant to protect yourself?
As an owner you should always:
-Make clauses in the rental agreement that are clear, direct and defined in the contract agreements that you write.
-Follow the behavior of your tenant throughout the time the person stays in your property. This way you can notice if there is a tendency to non-compliance and you can prepare to make warnings on time.
-Be very clear with your tenant about the seriousness of your warnings. Explain to them the repercussions of non-compliance and your rights as the owner on the property they occupy.
-Be sure to act after a lease provision has not been complied with. This way other tenants will learn that you are serious about the way you act legally.
-Be sure to ask for legal advice from an eviction attorney no matter the case.