Evicting Destructive Tenants (Continued)

Landlord-Tenant Rights to a Trial

Your right to petition the court for unlawful detainer corresponds with the right of the accused to be heard by a judge with the aid of legal counsel. If the tenant makes a counter-claim that you are actually at fault for breaching the lease, you may have to defend the charge at the court hearing. Retaining an experienced real estate attorney in advance helps you manage the nuances of what can become a complex eviction case.

Even though the accused persons are damaging your property, you may not lock them out of their rental unit or remove their possessions until the eviction case has been decided in your favor. If eviction goes through to ejection, the local sheriff or marshal will forcibly remove the party, and you will be allowed to secure your restored possessions and/or property.

Landlord Rights to a Speedy Trial

The law recognizes that landlords’ real estate holdings are at risk, and provisions are made quickly for court appearances. If the accused tenants do not move out, both parties must then appear before a judge to state their cases. Should the landlord prevail, a short-term compliance period, usually 3 to 7 days, allows tenants to pack their things and find housing elsewhere.

This entire eviction procedure can still take up to 2 months or longer. Some locales have a statute that demands immediate compliance for health and safety reasons. If your tenant is burning toxic garbage or otherwise adversely affecting neighbors’ health, you may be able to get fast action.

Landlord/tenant law is complicated and can vary from state to state. It is important to speak with a tenant eviction attorney who specializes in real estate and eviction law before making any hasty decisions. Whether you are a homeowner, landlord, or tenant, Whocanisue.com can help you find an experienced attorney in your area.