Attorneys That Handle Tenant Eviction Claims
Trying to Evict a Tenant? Contact a Real Estate Lawyer or Eviction Attorney.
What do you do when you rent residential property to someone who is breaching the terms of the rental agreement, either for failure to pay rent or some other inappropriate conduct? You may want to end the renter’s tenancy (term of possession) of the property and evict the tenant. This can be done with the help of an eviction lawyer or real estate attorney.
Your ability to evict a residential tenant depends on the terms of the lease or rental agreement. These rental agreements are governed by the state laws where the property is located as well as certain federal laws (such as the law against discriminating on the basis of certain protected classes (race, gender, ethnic origin, or disability)). It is critical that you consult with a qualified eviction attorney, before taking measures into your own hands.
In general, the methods for obtaining make it difficult to quickly evict a tenant, as it usually takes at least 30 days and often more (up to several months in some cases) before a tenant can properly be removed from the premises. Frequently, the statutory protections given to tenants are greater in a residential situation than in a commercial one, which often further increases the delay for a landlord seeking to evict a residential tenant. Nevertheless, a landlord can evict a tenant with relatively little effort, though patience will likely be required.
Normally, before a landlord can file an eviction action the landlord must give written notice to the tenant
that his or her right to possession has been terminated as a result of the breach. Where the lease provisions provide additional requirements of the lease (e.g. prior written notices to the tenant or opportunities to correct (cure) the breach) should be closely followed to ensure the landlord's right to evict the tenant is preserved and not waived.
Usually, the landlord can file a complaint in the proper court with the help of an eviction attorney, which is then served by mail upon the tenant by the Sheriff and pay a processing fee for service of the summons. If the tenant is being evicted for failure to pay rent, the complaint may also include a claim for the rent that is past due depending on the amount due. The exact procedure varies state by state, so it is important to contact an eviction attorney or real estate lawyer, but usually the state allows for the tenant to request a hearing to present his or her side of the story. If the tenant doesn’t appeal or request a hearing, the court (through the Sheriff) will direct the Sheriff to notify the tenant of the date the eviction is effective, through a writ of eviction.
If the tenant does not comply with the eviction notice, then the Sheriff will usually work with the landlord to change the locks and bar the tenant’s access. If the tenant left property on the premises, the state law will provide for procedures to remove and store or sell the property.
Because of the nature and importance of an eviction proceeding, it is critical that you consult with a qualified eviction attorney or real estate attorney who handles residential evictions before taking measures into your own hands.
Who Can Sue
Anyone who is a landlord where the tenant is in material breach of the terms of the lease agreement can follow certain procedures with the help of a an attorney or eviction lawyer to have the tenant evicted.