Legal Blog For Professionals

March 18, 2010

An Explanation Of The Eviction Notice To Quit

Filed under: Law — Tags: , , , , — Harry Carr @ 10:10 am

The eviction notice to quit is one of the first steps a landlord uses to force the removal of a tenant from a rental. This notice is given to the renter prior to any lawsuit. The wording and form of the letter and the specific time parameters can vary from county to county and state to state.

In most cases, the notice to quit is a one page paper. It has the signature of the landlord or their legal representative. The notice gives a reason for the request and it provides a specific date for the tenant to vacate.

This notice to vacate or quit is not a court document. The tenant can choose to ignore it and remain in the rental unit. However, if the tenant ignores it, the landlord may then initiate a lawsuit by filing at the county courthouse. Most counties do require that this notice be served before a lawsuit can be initiated.

There are a host of reasons for wanting a tenant to vacate the premises. Failure to pay rent in a timely manner is the most common. Other reasons that will cause a landlord to use an eviction notice to quit is unauthorized pets, excessive loud noise, and additional people living in the rental.

Even after the notice is served on the tenant, a lawsuit can be avoided. If the landlord and tenant can find a mutually agreeable solution to their dispute, the eviction process can be prevented from starting.

Eviction notices may have different time periods. There are sixty day, thirty day and three day notices in some states. You can use a three day notice to quit if the tenant has failed to pay lease or rental payments, violated one or several provisions of the rental agreement, damaged the property, or used it for illegal purposes.

Being a landlord can be a stressful position. If you have a issue with the tenant, attempt to solve it face to face. If that doesn’t work, then the eviction notice to quit should be the next step. If that fails to produce the desired outcome, it’s time to take it a step further and file a lawsuit for eviction with the courts.

When you’ve got tenants that need to go, you have certain legal obligations. Find out all about how to get an eviction notice to quit in place and cover your bases at http://www.landlordangel.co.uk/.

March 17, 2010

What You Should Know To Evict Bad Tenants

Filed under: Law — Tags: , , , , — Harry Carr @ 9:33 am

If you are a landlord, if you never have to evict bad tenants, consider yourself lucky. Many landlords will have to experience that complex and cumbersome legal process at some point in time.

In order to evict a tenant, you should familiarize yourself with the applicable laws in your state. You should follow these laws exactly. Eviction can be a time consuming process, but if done correctly, it will result in the legal eviction of your bad tenant. If you don’t follow the law, you will set yourself up for the tenants to take action against you. This may cost you additional time and money.

The are myriad reasons for wanting to evict a tenant. The most common landlord-tenant issues are failure to pay rent and persistent late payments. Other significant reason to want a tenant removed is additional residents, unauthorized pets, excessive noise, and failure to abide by rules of the community.

The first things you need to do if you are having a problem with a tenant is to give them a call. Explain the issue with them. You should follow this up with a letter detailing the problems. If this does not solve the problem, you then need to begin legal proceedings to evict bad tenants.

One thing you should never do is take matters into your own hands. Don’t kick the tenants out. Don’t change the locks. Don’t cut off the utilities. The legal process is the only way to realistically force tenants out. Evictions begin with a legal notice. This notice is has different names in different states.

The eviction process can be frustrating and expensive. Many laws have been made to protect tenants from cruel landlords. These laws were made with good intentions, but they make the legal process complex and cumbersome for good landlords.

For you to properly evict bad tenants, you should study the law and know each step involved. Follow each step properly, be patient, keep calm, and things will work out. Eventually that problem tenant will be history and you’ll be ready to begin your search for a newer and better tenant!

Spending time trying to evict bad tenants costs you valuable time and money. You can start getting your rental income paying again fast and easy when you visit http://www.landlordangel.co.uk/ today!

Notices And Rights That Occur With An Assured Shorthold Tenancy Eviction

Filed under: Law — Tags: , , , , — Harry Carr @ 9:28 am

An assured shorthold tenant is someone who rents a private residence. It is only legal to evict this type of tenant if all rules are followed completely. There are specific rights and notices provided to tenants before an assured shorthold tenancy eviction can occur. A Tenant’s Rights:

When the proper written notice for eviction is provided, then there’s nothing that can be done about it.

The landlord must give correct notice in a written form.

Tenancy that is for an unknown amount of time allows for the landlord to evict only if he/she has grounds or if he/she gives you a two month notice that an eviction will occur.

Grounds for eviction don’t need to be provided to a tenant with an unknown amount of time for tenancy, if a notice of eviction is given two months in advance.

A tenant with an unknown amount of rental time can also be evicted as long as the landlord has grounds to go by.

Notices Provided:

For eviction of a fixed term tenant, the landlord will need to give a reason why eviction is occurring.

Written notice has to be provided from the landlord for both periodic tenants and fixed term tenants.

Eviction of a periodic tenant needs no grounds, but if grounds are given then there must be a 14 day totwo month notice before eviction takes place.

When a deposit is held, the landlord can use the shorthold ground for a periodic tenant, but must provide eviction notice in writing, notice should also be two months in advance, the notice should not be given until the last day in the rent cycle, and it needs to state that the notice is being given by virtue of Section 21 of the Housing Act 1988.

Eviction of a tenant with fixed term tenancy must include a reason for the eviction.

Landlords have grounds for eviction if rent is constantly late, tenancy terms have been broken, property is being abused, if the tenant has become an annoyance or nuisance, or if the landlord’s property is being repossessed. It is illegal for a landlord to harass a tenant during an assured shorthold tenancy eviction. If this occurs, then the eviction can be invalid.

If you’re a landlord, you may have to deal with some unpleasant tasks. Tenancy eviction is a big problem that you may be facing. Make sure you know how to get tenants out legally at http://www.landlordangel.co.uk/.

An Assured Shorthold Tenancy Eviction Involves Rights And Notices For Tenants

Filed under: Law — Tags: , , , , — Harry Carr @ 9:26 am

Private rentals are often occupied by assured shorthold tenants. In order to administer an assured shorthold tenancy eviction notice, there are certain guidelines that landlords must follow. If these rules aren’t obeyed, then often the eviction is invalid.

When the proper written notice for eviction is provided, then there’s nothing that can be done about it.

When tenancy is for a fixed amount of time, the landlord can only evict if he/she has grounds to.

If all rules are followed, then eviction is imminent.

Grounds for eviction don’t need to be provided to a tenant with an unknown amount of time for tenancy, if a notice of eviction is given two months in advance.

A tenant with an unknown amount of rental time can also be evicted as long as the landlord has grounds to go by.

Notices Provided:

Written notice has to be given to both periodic tenants and fixed term tenants; a verbal notice is not accepted.

Periodic tenants don’t have to be given a reason for eviction.

If a reason is given to a periodic tenant, then notice can be for 14 days or 2 months.

Fixed term tenants must have a reason for eviction.

The eviction notice remains valid for an entire year, which means court action can’t take place until after the year has passed.

Court action cannot take place until after the notice has been issued for a whole year. Grounds for eviction include; abuse or negligence of property, repossession by mortgage lenders of the landlord, tenant is a nuisance or an annoyance, rent is late on a regular basis, or if the terms of tenancy have been broken.

If you’re a landlord, you may have to deal with some unpleasant tasks. Tenancy eviction is a big problem that you may be facing. Make sure you know how to get tenants out legally at http://www.landlordangel.co.uk/.

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