When you rent out property you own, there is the possibility of having a non-cooperative tenant who does not pay, does not follow the terms of the lease agreement, or breaks the law. When this happens, it may be time to prepare a legal notice and let them know that they are up for eviction
Having some rental spaces as an investment is not an easy deal. But it is one of the most highly recommended ways to earn some extra money. However, rewards don’t come without some effort, and in this case, the landlord has to make sure the rental agreement is being followed, and payments are made on time.
What happened to the rental agreement?
The first thing to consider when renting a property is to have a rental agreement that follows the law and rules of the state the property is located in. Sometimes, in rent-control areas, landlords must follow municipal law in addition to state law. Landlords also must provide a safe living unit for the tenant, and such use has to be provided according to the law as well.
Once the rental agreement is carefully done and signed, it has to be respected by both parties. If there is a breach of the contract, it is necessary to cure such breach immediately. If rent payments are not made, or there are some problems like too many tenants, or pets when they’re not allowed, you should consider a legal eviction notice. These are some of the things the landlord should take into consideration.
- The relationship between the landlord and the tenant has to be respectful
Sometimes the tenant and the landlord are somehow related or friends. This can mess up the business a little bit because when there is debt involved, it is always necessary to leave emotions aside. If there is a money issue that needs to be solved, the best option is to find a lawyer who can act as a mediator between the parties. This way, you avoid getting into emotional or heated conversations with the friend or relative renting the place.
- Evidence needs to be gathered
For some types of evictions, especially situations where there is a long-term lease as opposed to a month-to-month rental agreement, it may be necessary to present some evidence to a judge that proves, for example, the breach of contract or the failure to pay rent. There are, of course, some types of evictions that do not require this. A long-term lease may become month to month after a year, so the landlord may be ruled by different, less restrictive laws later on. It is better to save all files, communications, and records just in case. You can learn more about evictions notice to make your agreement super solid.
- The tenant must be informed of eviction
The landlord has to be entirely sure that the tenant received the eviction notice under the correct timeline to comply with the time requirements of the law. The main desirable option is to hand the eviction notice to the tenant personally by yourself or a process server you hire. This way, the landlord can be 100 percent certain that the tenant is informed about the eviction. If it is not possible to hand it in personally, it is possible then to use certified mail with a return receipt request. If you use the postal service, make sure to post the eviction notice in a conspicuous place on the rental unit.
A landlord should strive to avoid having tenants who would be prone to eviction, though that’s not always possible. Here are some tips to avoid evictions:
- Give enough information to the tenant about the place, and an accurate description will help the tenant know what activities can and can’t be done in such a place. Specify in the lease what is and what is not allowed. Without surprises, there are fewer possibilities of having a breach of contract because of undesirable behavior.
- Have a good lease agreement for the rented property. The agreement has to comply with the laws of the state and also has to be mindful of the tenant’s rights. If a clause in the agreement violates the law, the landlord can be asked to pay for damages.
- Provide a safe rental office or apartment. Sometimes it is necessary to make repairs so that the place is in good condition when the tenant arrives.