Are you a landlord attempting to evict a troubled tenant? A real estate attorney is probably your best bet. Many real estate attorneys deal with sales and transactions, but others manage landlord - tenant laws. An eviction can quickly snowball into a legal issue, so it's important that you get advise quick.
1. Try to Move Their Tenant Out
As a landlord, you cannot physically remove the tenant's items, lock the tenant's doors or turn off the tenant's utilities. There are no exceptions; this is true even if the tenant is not currently paying rent. The only thing you can do is serve the tenant with an eviction notice and then go to court to reclaim your property. Once the court has awarded you the right to reclaim your property, you can then reclaim it with the help of your local law enforcement. Until that point, you should not do anything to your property or the tenant's property.
2. Call the Police or Sheriff's Department
Before you have gone to court, a police officer or a sheriff cannot do anything for you. Your tenant still has a legal right to live in the property even after the eviction notice has been served, up until you have a court order to remove them. Calling the police will only waste their time and yours! Instead, you should focus on making sure that the tenant gets the eviction notice and scheduling a court date if necessary.
3. Underestimate Their Tenant's Rights
Many landlords assume that a tenant can be evicted with short notice for a variety of reasons, such as damage to the property or late payment of rent. But each state has different rules regarding how long you need to give your tenant to remedy the situation. Check your local "Landlord Tenant Code" to find out more.
4. Throw Out Your Tenant's Items After Eviction
In almost every state, you're required to keep your tenant's items after the eviction for thirty to sixty days. After that time period has passed, most states go on to say that you cannot just throw out or give away items. If they have value, you need to make a good faith effort to both sell the property and return the money to the tenant less any amounts legally owed to you.
Though you can usually draft an eviction letter on your own, it will need to go to court to actually be enforced. Getting the help of an attorney (like those at Blake Law Office) early on in the process will ensure that you don't make any costly mistakes, which could draw out the process or even lead to fines and penalties.
Do you understand the legal jargon involved with a real estate transaction? Neither did I until I started buying houses every few months. When I started flipping houses, it forced me to become much more familiar with real estate paperwork. Unfortunately, I realized that a few of my earlier mistakes may have led me to make errors that cost me money. From that point on, I decided to hire a real estate lawyer to go over all of my paperwork before it was submitted. After I started working with my lawyer, it was incredible to see how much easier things were.