How To Evict A Tenant In Less Than 20 Days
Even the best Landlords need to one day deal with bad tenants, who either fails to pay rent, or causes problems for other renters, or both. Who qualifies as a bad occupant?
In my opinion, it is either a renter that is not paying rent, destroying your property, bothering other occupants, or violating the terms of their Lease Agreement. The most important one being, “Not Paying Rent”.
Your rental area is a business, and without income, you will not be in business for long. Naturally, it is certainly necessary to know how to hire a long island eviction lawyer to evict a problem tenant (or get your money) fast to maintain a profitable business.
What Can You Evict A Tenant For?
You are able to begin the eviction process for one of the following issues below:
1. consistent non-payment of rent (most general).
2. End of Lease/Agreement.
3. A pet is causing too much noise, is a vexation to other tenants or considered dangerous.
4. The tenant is in violation of their lease agreement or rental agreement (too noisy, not keeping unit in order, overcrowding, etc.)
5. The Landlord wishes to take possession of the unit for themselves, family members or new purchaser (at the end of a lease term or sale).
The Principal Stages of the Eviction Process
The process may take less than 20 days, if the process is started right away. Here is the general process (every State/County/Province can vary):
1. Deliver Tenant a 3 to 5 day “Notice to Pay or Quit”. I also include a stern Eviction Consequences Letter pointing the costs that they may incur as a result.
2. If not get better, file a “Application for Eviction” in your local county court system. There is a cost to this step but it’s less expensive than continuing to lose rent.
3. Have it served by a Process Server or somebody other than the Landlord or someone under the Landlord’s employment.
4. A “Return of Service” is completed and returned by the Summons Server. A court date is set 7 to 10 days later.
5. If the tenant wants to fight the action, they will be required to file an “Answer” or “Appearance” before the court date.
6. On the court date, the Judge will decide the result and if you are awarded a “Judgment for Restitution”, the Judge will set an eviction date 3 to 7 days hence.
7. If the renter has not left themselves, you have the right to file a “Writ of Restitution” with the local Sheriff’s Office whom will remove therenter.
Usually you can find a long island evictions lawyer to give you free advice and guide you on your way.
A Guide To The Unpleasant Process Of Renter Eviction
The tenant eviction process is something that no landlord wants to go through, but from time to time you have no choice. Although a lot of disputes may be sorted out through negotiation, there are times when court intervention is absolutely necessary. If you are a landlord, then it is important to learn the process oftenant eviction in case you have to use it. If you do notfollow the proper steps, then youmay end up losing money or prohibited from being able to get the tenant to leave. You could even end up being sued by therenter for poor treatment. That is why it is important that you correctly begin the process ofrenter eviction through the guidance of a landlord tenant new york lawyer.
Reasons to evict your tenant:
Although there can be any quantity ofreasons why renter eviction needs tooccur, some of the mostcommon reasons include rent arrears, and complaints abouttenant behavior or other breaches of the tenancy agreement. Of these, rent arrears is the most common reason for tenant eviction. If a tenant cannot pay you the rent that is due after anumber of warnings, then eviction can be the onlyway left. However, before going ahead with the evictions process, you should seek advice from a long island landlord tenant lawyer. A great area to obtain advice about eviction and other property investment issues is a investment property forum. However, if an eviction seems like the only way, then here are several steps you need to follow before an evictions proceeding can happen.
Get your paperwork in order:
Before evicting a tenant, you need tomake sure that all the paperwork regarding the property and thereasons for the tenant eviction are documented. Thiswill consist of the tenant’s original rental application, the tenancy contract, and evidence of tenancyviolations. For example, if therenter has stopped paying rent, then documentation revealing this will be needed.
Clearly stating reasons for the eviction in the eviction notice:
When you deliver the eviction notice, you mustmake sure that you clearly state the causes why you are seeking an eviction. Make copies of this notice both for the renter and for your own records. It isimportant that the exact reasons for eviction are known to the renter so that there may be nochance of a misunderstanding.
Check the property:
Several tenants will damageproperty in order to get back at you for eviction. Before therenter leaves you must inspect the property, making a checklist and taking pictures to persuade the condition of the property. You will need to give the renter at least 24 hours’ notice before conducting an inspection. This inspection willhelp you to withhold a security deposit in case anything is damaged.
Giving the right notice:
You need to make sure you give thecorrect amount of notice after serving the eviction papers for therenter to leave. This is as a rule between 30 and 60 days, although it can be much faster if there are sufficient grounds,like serious criminal behavior. If yourequire this, then you will perhapshave to go to court and get an order for quick eviction. Althoughrenter eviction is thing that no one landlordwants to do, if you follow these steps then you will get the process easier and less painful for both you and the renter being evicted.