A research conducted by Princeton University indicates that every year, the USA has close to 1 million eviction fillings done by landlords against tenants. By evicting a tenant, a landlord can gain back the legal possession of a rental unit.
Even so, most people consider the eviction process to be unpleasant, with many landlords going against the tenant eviction rights.
But what are these rights that a landlord should be aware of to make the eviction process fast and hustle-free? Tenancy laws vary from state to state.
As a landlord, you should know what your state dictates with regards to tenancy. With that, you need to know how to treat a tenant that goes against the lease agreement of your property.
What are These Tenant Eviction Rights?
The relationship between a tenant and a landlord may turn sour, leading to the drawing up of an eviction notice. In that case, the law stands up for the tenant, protecting them from landlord harassment. Here are three areas that the law protects the tenants from during an eviction.
1. The Use of Intimidation to Force an Eviction
Intimidation and coercion of the tenant is a norm by landlords who do not want to follow the legal procedure of removing the tenant from the property. If the landlord uses underhand methods meant to make the living conditions of the tenant poor, a tenant can pursue legal action.
Not only is it illegal, but it can also be dangerous.
There have been cases of conflicts arising between landlords and tenants as a result of self-help eviction. By renting out a unit of your property, there are specific laws that bind you and going against the rules gives the tenant the upper hand.
2. Failure to Issue a Notice and Wrong Timing
As a property owner, you need to issue the tenant with a notice to quit before filing for an eviction. The notice is a clear sign to the tenant that you will begin an eviction process and gives reasons about why you intend to do so. Most of the time, the cause is due to a breach of contract or a failure to clear the rent.
The reason for eviction dictates the period between the presenting of the Notice to Quit and the filling for an evacuation. Some need you to give notice three days in advance while others may need more than 12 months. By not issuing the warning at the right time, you may face a difficult time trying to evict the tenant.
3. Lacking Clear Evidence
You should have clear and concise evidence supporting the claim for eviction during the eviction process. A good example is when trying to evict a tenant due to damage of property; you need to show pictures or proof of them damaging your property.
By not presenting the proper evidence to the court, the tenant gets the right to remain at your property. This forces you to start the whole process again due to a lack of evidence.
Why You Should Uphold the Tenant Rights
There are many reasons a landlord can use to evict a tenant.
However, there are legal rights and duties that you need to follow before initiating the eviction process. By safeguarding the tenant eviction rights, you can speed up the process and protect yourself from any unseen backlash.
If you are looking for more information in regards to eviction, be sure to contact us.