Landlords and home owners need to be conversant with the various eviction rules stated by the law when facing issues related to tenants. When a tenant is unable to pay the agreed upon amount of rent, the landlords may be forced to evict them and take possession of their property. The eviction process must be done in the proper steps indicated by the law to ensure fairness for both tenants and landlords. Although a tenant may be late or unable to provide the needed amounts, they are also protected by the law from those that might exploit them during the process. Landlords can be liable for compensating tenants if they do not follow the legal procedures stated for eviction.
Since the eviction rules are quite complex, hiring a litigation advocate is advisable to ensure compliance and reduce legal risks. The eviction rules for a residential tenant is much different from the rules of evicting commercial tenants. In most cases, the charges for advocates are catered for by the law when residential tenants are involved while commercial tenants are not covered. Property owners should ensure that the tenant contracts made between them and their tenants are clearly stated to mitigate risks after default. The eviction rules allow landlords to take possession of the property and sue the tenant for unpaid rent for the specified period of time.
Contracts usually contain details such as the lease period and actions to be taken when the tenant does not abide to the agreements. Any outstanding amounts and the amount that would have been paid until the term of contract ends can be claimed by the landlords. Landlords face inconvenience since they have to find other people to rent their property once the previous tenants are evicted. Landlords may be allowed to remove tenants from their property and then waiver any outstanding amounts due until the duration ends. The rules allowing for eviction and wavering are allowed as long as the landlord intends to use the premises for personal purposes.
It is also possible for the terms of contract to be changed when landlords communicate with the tenants while litigation is ongoing. When landlords agree with their tenants for an extension to the specified payment date for once, it might modify the whole agreement. Exemptions and communication between the two should be written to get an official reference in case of disputes in the future. Taking the law into one’s hands is not allowed and landlords need to be careful when evicting tenants. Landlords should first get permits from the authorities before locking the houses or removing the property owned by the tenants. During litigation, commercial tenants are required to pay the full amounts owed to landlords before the case is closed.