This is
the most comprehensive set of Internet
resources for landlords who need to evict a
tenant, or have already evicted tenants and
want to avoid going through it all over
again.
Each of the 50
states is a sovereign entity, and each has
its own procedure for in listing the
assistance of the law in dispossessing a
tenant. All share the common feature of
notice and an opportunity for the tenant to
be heard before a law officer removes them
from the property, i.e., due process.
Evictions, with a few exceptions, start with
a notice of some sort, giving the tenant an
opportunity to do certain things or move, or
simply to move within a limited time. It is
this notice that places the tenant in the
position of wrongfully withholding
possession of the rental unit from the owner
and gives the law the authority to come to
the owner’s aid. There are many protections
under the law for tenants
as
there are many legal rights that can be
easily exercised by landlords to evict
tenants who fail to comply with the any oral
or written rental or lease agreement.
Eviction notices
can be divided into two groups:
1.
Non-payment of Rent
Notices-most of which the tenant must pay or
vacate the premises. These are the most
common eviction notices used.
2.
Conditional or Unconditional
Quit or Vacate Notices –which either demand
possession within a limited time out right
or give the tenant an opportunity to perform
some acts (correct or cure), other than pay
rent, or vacate, at its option.
Notices, where
required, are essential to obtaining an
order for dispossession. An eviction
without a proper notice is a violation of
due process of law, much is if your mortgage
company were to send thugs out to remove you
from your home if you are late on the
payments, without going through the proper
legal proceedings. Just as the courts will
not allow a mortgage company to do this to
you, they will not allow you to do it to
your tenants.
The content of
the notice requirements are specified by
your state legislature.
You
must serve a written notice containing all
of the language required, and none of which
is prohibited. If you are going to
use a form, use one prepared with your
states requirements in mind. Never use a
generic form.
Eviction is a
huge expense. Do everything you can to
avoid it. If you cannot avoid it, do all
that is necessary to get it over with fast.
Avoiding
Problem Tenants
Adopting Excellent Management Practice
Renting Out Your
Residential Property – ABA Guide
Do-it-yourself
– Landlord.com’s Do-it-yourself Center
Establishing Rental or Apartment
Policies and Procedures
Establishing Rental
Standards
Properly Screening
Prospective Tenants
Training New and
Current Tenants
Welcome Letter with
Rent Number 1 Priority – Start
with the all-important welcome new tenant
Rent Collection Policy
and Procedure – emphasize the
importance of paying rent timely
How to Establish and
Enforce a Rent Collection– learn
how to execute your own effective rent
collection policy now
Effective Rent
Collection Techniques for Every Landlord
– collect all the rent every time
“House
Rules” – a great set of written
rules tenants must follow
Ways to Collect Rent:
The More than Two Dozen Ways! –
learn about the over 26 creative and
effective ways landlords can collect rent
Avoiding Tenant
Disputes – a good look at tenant
problem solving
Acknowledgment and
Confirmation of Tenant’s Intent to Vacate
Premises Letter – it always good
landlording practice to confirm receiving
the tenant’s notice to move-out
Hire a Property
Management Company Checklist -
FREE
Confirming Company Policy and
Procedures
Monitoring Company Practice
Dealing with Problem Tenants
Correcting Problems Early
Keeping a Lid on Landlord Troubles –
see how one landlord faces the challenge
Agreement and Lease Violations Letters–
see a comprehensive list of tenant warning
letters that work
Reasons to Evict – check out the varied
reasons for tenant eviction
Too Many Occupants? – a good read on
the subject
WHAT TO DO WHEN THE TENANT LEAVES EARLY
-
catch misbehaving tenants before the
move-out
Lease Agreement Violation-
the reason landlords should not sit on
recurring lease violations
Unauthorized Pet Letter (first contact) -
nip the violating tenant with a pet
early
Demand for Removal of Violent Tenant Pet-
warn tenant of violent pet removal
Prohibited Appliance – notify tenant
of illegal appliance installation
Early Move Out Lease Letter - Tenant Breaks
Lease & Moves Early – landlords stop a
tenant from cheating on last months rent
Avoid Lease Violations with this Lease
Agreement ADDENDUM – use this form to
prevent problems
Contacting the Tenant
Phone
Email
Written Warning Letters
Legal Notice
Do-it-yourself –
Landlord.com’s Do-it-yourself Center
Knowing Your State’s
Landlord/Tenant Laws
Landlord/Tenant Law
– more resources for state eviction law
HUD’s Legal Resources
for Landlords & Tenants – all 50
states covered
Renter’s Rights
– good for landlords too
Get Basic Help without
a Lawyer – be your own attorney
How Courts Work
– a general overview of U.S. Courts
Legal Resources
– a list of on-line companies
How Evictions Work
Making the Decision to Evict
Selecting the
Proper Eviction Notice – find
the right eviction notice for your state
Evictions, How to
Win or Lose Them
Illegal Evictions
– watch out for traps tenants can set
