Eviction processes are not easy to carry out. They entail a series of formal and legal steps that have to be respected and followed in specific order.One of the first things to consider is the reason behind the eviction. Grounds for eviction may include but not be limited to failure to pay rent (this is the more common cause for eviction); violating the lease agreement (second-most common cause); or no-cause eviction when there is a lack of a lease document or the one that was signed has expired. Sometimes it is necessary to hire an experienced eviction attorney to settle on the cause or causes of the eviction.If you are not sure what type of eviction notice you have to deliver to the tenant, this website may be helpful. It is necessary to be well-informed about the legal procedures entailed in eviction actions since their legal consequences can impact people for a long time.Here are some tips to prepare an eviction notice:
- After determining the cause of the eviction, be sure to have the document properly written by a lawyer and delivered to the tenant. If the tenant cannot be found, you can mail it and post it in an obvious place on the rental property, such as the door. And if this option does not work either, you can leave the notice with a person of suitable age. Posting the notice has to be followed in that specific order, by trying first to find the tenant or resident, and if you can’t by mailing and posting. You cannot choose as a first option mailing the notice to your tenant. It has to be personally served in the best of the cases.
- If the tenant remedies what he was doing wrong, for example if he pays the past-due rent, it is not necessary to continue. But if the problem persists, you can prepare and file a complaint and then the formal eviction process will begin.
- Be careful when filing the paperwork. There may be many aspects to cover and details to give. Make sure you understand what the form says. If you are not sure about anything, ask the clerk at the courthouse or an eviction attorney. Keep copies of all your forms before proceeding with the eviction.
- Don’t attempt to force an eviction yourself by changing locks or cutting off utilities, for example. It is important not to take the matter into your own hands. You may think that because you have a cordial relationship with the tenant, it is OK if you do it yourself. This is a very common mistake. Eviction processes are delicate legal procedures and taking things into your own hands can bring a lot of legal trouble. It is better to follow the advice of a lawyer and respect the law.
- Once the process starts, be ready to attend court hearings and have all documents at hand. These may include a lease agreement, payments done in the past and a record of payments not made. Present the evidence by showing bank records or other financial documentation. It is also a good idea to have all written communication between you and the tenant. This can include emails, letters, text messages or chat conversations. If you intend to be face to face, try to be with a witness every time. This will help you support your claims.
It is common for some tenants to say that they were not properly informed about the eviction process. You have to be ready to prove your case. The lawyer handling your case should be experienced with this type of behavior. Some law firms are devoted just to the eviction process.In some cases, the tenant is also a friend or relative. It is very difficult to go through an eviction process without tension and uncomfortable moments. Remember to handle the case with courtesy, being firm but at the same time respectful and understanding. Try not to be led by emotions. Remaining professional is the main reason to find a lawyer or specialized clerk to help you with the paper and actions to be followed. They know how to handle things smoothly so that the process is fast and the least awkward it can be.These are just some tips and pieces of advice on how to handle an eviction process. Remember to be fully informed to make the best decisions. If you are not fully informed, be sure to hire an attorney to make the eviction happen the first time.