If you want to evict a non-paying tenant off your property, you need not resort to brute force. You have the law and court at your service to approach and resolve the situation legally.
The rental property business primarily relies on the landlord-tenant relationship.
Tenancy laws are stringent in the US to protect either party’s rights, yet we often hear of agreement violations and non-compliance with rent terms.
Start with a notice.
It is best to set the eviction process in motion with tenancy termination notices.
Depending on state laws, the duration specified in the intimation may vary.
In California, the tenant has up to 3 days to clear the overdue rent or face eviction, while in Indiana, they have about ten days.
However, you have grounds to enter the legal procedure if you have a legally binding contract signed by the tenant.
The notice needs to contain the exact amount of rent due along with your contact information and the deadline for payment.
The US court does not recognize verbal notifications, so make sure you mail it or post it.
If the rental agreement is on a month-to-month or short-term basis, you can terminate the contract expecting immediate effect.
First, however, you need to follow the procedure for a long-term fixed lease and start with termination notices and then move to mediation or legal court if necessary.
Moving on to an eviction suit.
You can file a case against your tenants for breach of contract and non-payment of rent.
It is best to hire a lawyer as legal representation as hearings are a complicated and expensive affair. However, you can charge the tenant to leave the property and claim the overdue rent within a deadline.
If the court sees that your claims are relevant, they will pass the verdict in your favor and request the tenant’s compliance.
Landlords cannot resort to depriving tenants of their utilities like water or electricity. You also cannot lock them out by law.
It is best to approach a lawyer to help you in this regard. However, it is also essential that the local law enforcement carry out the eviction or happens in their presence.
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Tenants often challenge your claims in court and present a defense to counter them. Therefore, ensure you have a robust contract containing the rental agreement terms that are permissible in court.
Moreover, the court may take up a case and review your case based on your track record and property condition.
If you want to know more about rental agreements and eviction, please fill-up the form on our website to contact legal experts.