What Landlords Should Avoid When Evicting A Tenant

First-time landlords and property owners can make common mistakes that hinder a successful eviction. When tenants break rules in a lease, landlords can feel wronged and cheated. Wanting to even the score is a natural reaction; however, getting even is not the point and can be legally harmful. Fortunately, most real estate professionals don’t act on that impulse.

When starting the eviction process, property owners or managers should make sure they are cognizant of the following:

• How they present information to tenants
• How they react to tenants’ responses
• How they make their cases for eviction to the courts
• Evictions laws in their state, county, and city

Notification of the Problem

Landlords should talk to a tenant about a breach of lease terms, such as paying rent late or causing a public nuisance. They should avoid, however, repeating a verbal warning more than once.

Repeated discussion can be construed as harassment, and will likely have no positive effect if the tenant ignored the initial conversation. Feelings may ignite, resulting in a shouting match or even physical assault. Neither of these offenses or defenses will improve an eviction case in court.

If owners want action, they must put the grievance in writing. Sending a letter of notification is the first step in the eviction procedure. It lets the party who is occupying the property know which lease term has been broken and by which date they must comply by in order to avoid eviction.

Not only is this form of notice helpful, it’s required for legal action. A written notice is a prerequisite of filing an eviction lawsuit in court as it may encourage the problem tenant to move out, eliminating the need for a court hearing.

How Tenants Respond

When tenants receive a letter notifying them that their lease or rental agreement is to be terminated, they may act out an emotional response. This is why landlords should retain a proactive real estate attorney who will help to carry out the process in a professional, not personal, manner.

When the two rental parties know one another, an objective third-party advisor is integral for a peaceable outcome of the situation. Also, communication in writing or by phone at this point is preferable to an in-person appearance.

Need to find a tenant eviction attorney? Whocanisue.com has the largest directory of trained real estate and eviction lawyers on the Web. Complete our short questionnaire today to find experienced real estate attorney in your area who can advise you on how to start an eviction.

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