Ejecting Destructive Tenants Through Eviction
When your property is suffering from the behavior of destructive tenants, eviction may be your best option. While eviction
is relatively swift, especially for a court process, you may have other, more urgent recourse.
If you’ve never had a problem with unruly tenants before, contact a real estate attorney immediately to help you get the ball rolling. There are many factors a lawyer can help you with. The exact details will depend on which state and local laws apply where your rental property is located. Florida landlords, for instance, can check area statutes online.
Dealing with property damage can be daunting. Your priorities when property is being damaged should be:
- How soon can I file a complaint?
- How soon can legal action end the destruction?
- How soon can I evict my tenants?
Every day that passes means more risk to your rental property. Your real estate lawyer will have the forms or resources to send a notification of default immediately that is in compliance with local eviction procedures.
Which Type of Eviction Will You Pursue?
If damage is accidental or minor, you may want to give your renters a chance to remedy the problem. If the damage is due to negligence and rent is due, you may want to go through the formal eviction process in order to collect what is owed.
If destruction is severe and ongoing, however, you may not have that kind of time. Depending on the state, it may take up to 30 days or more to effect an eviction. Ask your tenant eviction attorney
to check local statutes for extenuating circumstances that can speed the process.
In all cases, reviewing your rental agreement and sending a letter of notification are the first steps. You’ll want to make sure that your letter is based on stipulations of the lease that the tenant is violating. You must state your intent to terminate the rental agreement unless certain conditions are met or simply request that the recipient leave the premises.
In the letter of notification, a date for compliance is usually included, and may be governed by state or local law. If the tenant fails to remedy the situation or to move out by the specified date, then you can file a complaint with the court.
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in your area.
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