Property owners are well aware of the risks associated with renting an apartment. Perhaps, one of the biggest risks is when the tenant fails to pay on time. Gradually, it becomes a customary habit. Most will advice the property owners to evict the tenant.
Sure, that is the easiest route to take, but that is not the law. Even property owners have to follow protocol in order to provide the non-paying tenant with an eviction notice. When they take the tenant to court, they have to present evidence to the judge of the tenant’s neglect to pay rent on time and on how they sent warning notices to them and finally, sent a formal notice, calling for their eviction.
Therefore, at this time, it becomes pertinent for the property owner to comprehend eviction laws so they can successfully evict the non-paying tenant and get their property returned to them.
Property owners should not rent a property to a potential tenant without researching their background first. They should contact the individual previous landlord, asking them about the tenant’s behavior and whether they paid their rent on time.
They should also make sure the tenant is not jobless and if they have a job, ask them about their work history. One question you can ask them is if they are able to retain their job for longer than a year. Then again, the tenant may be renting a property for the first time.
Hence, the landlord needs to take a chance on them. If the tenant turns out to be a bad seed, refusing to pay rent and all, that is when the property owner, which is you in this scenario, needs to start the eviction proceedings. It is better to lawyer up at this time.
Once you have retained a lawyer, you need to take the following steps to ensure you stay within the legal grounds of the eviction process:
This is not a legal step, but it is beneficial to be sure about your tenant’s habit of not paying the rent on the due date. Landlords need to double check the records to make note of the dates the tenant did not give rent.
In addition, you cannot count the grace period of not paying rent as late, as most rental agreements allow the tenant a period of three to five days to pay rent after the due date. You should note down late payments or negligence of payments after the grace period. You can add additional late payment charges to the rent, but even then, the situation does not resolve, you need to send them the “Late Rent Notice,” as they have breached the rental agreement.
The primary purpose of the “Late Rent Notice” is to inform the tenant the rent is overdue. With it, property owners needs to include a list of owed and late fees and a warning letter that they will take action by taking them to court if they do not pay by a specified time. You can provide the notice to them in person, email it to them, or attach it to their door.
You can use the notice to provide evidence to the court about the tenant’s repeated neglect to pay the rent on time even after you served them with the notice. Even though you do not need to present to court, it is a good defense to have in case they make an excuse of forgettable memory.
Is there an underlying reason for the tenant not paying rent? That is what landlords need to find out. They can contact the tenant after or before they have served them with the “Late Rent Notice.”
However, you do not want to call the tenant repeatedly, as they may charge you with harassment, which will give them a reason to countersue you. If they do not pick up the phone, you can contact them two to three times, until you make contact. If they keep ignoring your calls, you can take one last step to make them pay before you start eviction proceedings.
The “Pay or Evict Notice” is the first official document in the eviction process. When you provide this notice to tenants, it informs them that you are serious about taking legal action against them if they do not pay up what is rightfully due to you. You can ask your attorney to draft up this notice for you.
Present the notice to the tenant on the sixth day if you still do not have the rent. Remember, unlike the other notice, it is pertinent that you hand deliver the “Pay or Evict Notice” to the non-paying tenant in person. Additionally, email the notice to them as well. Usually, you have to wait around three to five days after the notice to start the eviction proceedings.
If none of the aforementioned steps worked, you need to tell your attorney to start the eviction proceedings. If you do not have an attorney yet, now is a good time to hire one. On your behalf, your attorney will file a complaint in court. Keep in mind that the proceedings can take several months before you see any cash.
With the help of your attorney, you will be required to fill paperwork and pay a required fee. You need to mark the date when you are to appear in court, know what you will say, and be sure to have all the documents with you.
In brief, property owners should never threatened or shut off the electricity before the eviction proceedings have reached their conclusion, as the tenant can take legal action against them. In doing so, the landlord is putting their case in jeopardy, giving the tenant a reason to sue them. Take legal action the right way to win the eviction lawsuit.