Sometimes when we move to a new city, renting a space is better than buying one unless you have the means and the assurance you are permanently staying in that area. But for most, it is a better alternative. As a tenant, your landlord may need to set up different rules to make sure both parties are safe and in agreement with the terms and conditions written in a rental contract. An agreement or contract is important because it will protect both parties if any of the agreed terms are breached. This is why in the event a tenant fails to abide by the rules or has been causing a nuisance, the landlord may have the right to evict.

Sometimes when we move to a new city, renting a space is better than buying one unless you have the means and the assurance you are permanently staying in that area. But for most, it is a better alternative. As a tenant, your landlord may need to set up different rules to make sure both parties are safe and in agreement with the terms and conditions written in a rental contract. An agreement or contract is important because it will protect both parties if any of the agreed terms are breached. This is why in the event a tenant fails to abide by the rules or has been causing a nuisance, the landlord may have the right to evict.

But before a landlord can evict a tenant, certain obligations must also be taken into consideration.  A landlord must ensure that the unit is habitable, also a tenant has their own rights which must be considered. To learn more about this let us discuss this further below. And if you need any templates, check out our free tenant removal samples that are available for download on this page.

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What Is a Tenant Removal?

When a tenant fails to pay their rent, has caused damage to the property, or has been continuously disrupting other tenants–these may be grounds for eviction. Tenant removal is a common occurrence, those who have been in the property rental business have probably had their own share of experiences. It is important for property owners to remember that you cannot simply just quickly evict your tenant, there are certain rules that must be followed to avoid illegal evictions. Landlords who do not have any reason cannot terminate the tenancy of a tenant with a fixed-term lease. But when the tenancy is subject to a month-to-month or other shorter-term rental agreement, landlords can terminate without cause. They simply must provide the tenant with the amount of notice required by state law which is usually a 3 days notice.

How To Legally Remove a Tenant?

Removing a tenant can be difficult if not done right, so to settle things peacefully it is important to follow the rules of the state to ensure you are not in violation of any laws. Simply saying you have taken a dislike to the tenant isn’t enough, this is why written agreements and contracts are important documents that needed to be signed by both parties before finalization. But to make sure you aren’t breaking any rules here are several tips you must take into consideration before you formally remove a tenant from your property.

I. Review the Contract

Before you send your tenant a notice, make sure to review the contract and check what terms or rules have they broken or failed to fulfill. Did you notice any illegal activity? Is the tenant regularly late in paying his or her rental fees? Make sure you have enough evidence to prove that the tenant has not been acting reasonably so you can start the eviction process.

II. Notice

Simply telling the tenant to leave in a few hours or the next day is against the law. Even if they have broken some rules, they too have rights. So it is important to give them time to prepare and pack up their things. A notice of eviction is a document that notifies a tenant of a lease violation or the termination of their rental contract. Make sure to review the laws of your city or state as some may require 30 or more days’ notice.

III. Avoiding the Eviction Process

You can also opt to avoid the whole eviction process if you and your tenant come to a mutual agreement. This is done by speaking to them first and letting them know about the situation. It’s not all about late payments or being disruptive. Perhaps the landlord needs to make some major renovations or would need to sell the property. Make sure to choose your words right, as you do not want to give them a chance for negotiation, as this will only delay your process even further.

IV. Release

Once both parties have come into an agreement, it is important that they draft an agreement that should be signed by everyone involved. Double-check your property before they leave like ake the keys, change the locks, and ensure that all utilities have been paid. If there is no damage to the property, return their deposit.

FAQs

What is a Rental Agreement?

A rental agreement is a valid document that outlines the terms and conditions regarding a property rented by a tenant from their landlord.

How long does eviction takes?

Depending on the situation, evictions can take from a month to 3 months.

What happens when a landlord wins an eviction hearing?

When a landlord wins an eviction hearing, they are given a writ of possession which is a court order to enforce a judgment to recover the possession of the land. The tenant may be also charged to pay fines and the rental fee.

To avoid lengthy court hearings it is important that you talk to your tenant if you have to remove them from the property. Following the proper procedure may help speed up the process, or win your property back the legal way.

 

 

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