Talk to your landlord! Correct the issue as quickly as possible if allowed. File a response with the court (if required in your state).
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Appeal the ruling (if the court doesn’t evict the tenant). While some tenants may push you to the edge of reason, it’s important to understand how the eviction process works before rushing to get that unruly tenant out. If you don’t understand how to properly evict a difficult tenant in your state, you may end up being stuck with them.
Once you become aware of a problem at the rental unit, start by talking with your tenant before jumping directly into the eviction process, especially if the tenant has had no history of issues beforehand. You’ll also need to be sure the issue is something you can evict a tenant for in your state. When Can I Evict a Tenant?
Landlords can evict tenants for different reasons depending on the state. In most states, any one of the following is a valid reason to evict a tenant: Most landlords don’t factor in the costs of eviction. There can be filing fees, jury fees, fees to issue the eviction order, etc.
Filing a Fake Eviction Against the Tenant: A landlord could try to get the tenant to move by sending a fake eviction notice to the tenant. For example, the notice may state that the tenant is being evicted and only has three days to move out of the unit.
That means that if the tenant failed to pay rent for several months; caused damage greater than the dollar amount of the deposit to the premises; or failed to pay rent and caused damage, the security deposit will be inadequate to fully compensate the landlord and make her whole.
After a rental eviction—after, that is, evicting a tenant who has breached her lease or overstayed her lease —the landlord has her property back. However, she may still have suffered economic damages: unpaid rent, amounts owed for unlawful holding over ( i.e. money owed for staying in a rental premises when there is no longer a right to do so), ...
These are the only two reasons landlords may use the security deposit; landlords who take security deposits for improper reasons can find that they are now liable to their tenants . However, even with that, the security deposit is a convenient way for a landlord to recover amounts owed by a tenant after rental eviction.
Security deposits are designed to do two things. First, if the apartment suffers damage—beyond the usual wear-and-tear that's inevitable whenever someone lives in a space—and the tenant does not make good the damage, the landlord can apply the security deposit to pay for repairs and replacements.
The lawyer will be able to make sure all the requisite paperwork and all the necessary steps for both legal actions are done properly and on time.
Landlords can also sue tenants who've breached leases or caused them economic damages, the same as anyone who's suffered a breach of contract, property damage, or other loss due to someone else's improper actions can sue. In fact, it's often necessary for landlords to sue, since most states limit the amount of security deposit for which a landlord can ask to the equivalent of 1 -2 months' rent. That means that if the tenant failed to pay rent for several months; caused damage greater than the dollar amount of the deposit to the premises; or failed to pay rent and caused damage, the security deposit will be inadequate to fully compensate the landlord and make her whole.
Note that landlords need to check their state laws, though, since sometimes—especially if they are using some sort of streamlined or expedited eviction process, which some state allow—they may have to bring a separate lawsuit, rather than combining it with the eviction action.
The landlord is trying to evict you only because you complained to a code enforcement officer, or to the landlord, of bad conditions in the apartment. The landlord is trying to evict you for other illegal "retaliatory" reasons.
If you do not go to court the judge will generally issue a default judgment against you.
If you do not have a lease, the Notice will tell you that you have either 7 days or 30 days to move out. If you have a lease then the lease will usually say what kind of notice the landlord has to give you.
Court Papers. At the end of the time period given in your Eviction Notice (usually 7 days or 30 days), your landlord can file court eviction papers. This kind of court case is called a “Forcible Entry and Detainer”. You landlord must have the Deputy Sheriff serve you with a Summons and Complaint.
If you are planning to move but cannot do that before the landlord can get a "Writ of Possession" from the Court, talk to the landlord or the landlord’s attorney about agreeing to extra time to move. The landlord does not have to agree to this.
Partial list of emergency shelters in Maine. For more information contact the Maine State Housing Authority: 1-800-452-4668.
Talk to your landlord about whether they will accept a payment arrangement to give you a chance to catch up on your rent. If your landlord agrees to a repayment plan make sure you put the agreement in writing. It is also helpful for you and your landlord to sign and date the agreement.
There are many reasons to evict a tenant (that vary by state) but they generally include failing to pay rent, violating a lease agreement (like pets or illegal substances), or causing significant damage to your property. Before you jump the gun – talk to your tenant and explain. The eviction process is long and if you can correct ...
When you rent your home, the hope is that your tenants will treat the space with the same respect you would. Even if you have a good relationship with your tenants, it’s important to remember that renting is a business.
Things like non-payment of rent, lease violations, property damage, or illegal activity on the premises can be good reasons to give your tenant the boot. With solid evidence and legal representation, you are likely to win your case. But, there is always a chance that the tenant might come out on top. You may wonder what the steps are ...
If your tenant wins the eviction, they will have the right to stay on the property. The court will decide how to proceed forward on a case-by-case basis. Possible outcomes could include: Court orders may state that the landlord pays the tenant’s legal fees. The landlord might be responsible for additional fees paid to the tenant depending on ...
The best way to win and eviction case is to document, document, document. Keep record of every conversation you had with the tenant, whether by phone, email, or text message. Be sure to stay organized with copies of all dated documents, including:
Be sure to carefully document conversations, notices, and leases with your tenants. Accepting partial rent payment. Once you have accepted even a partial payment from the renter, you lose the right to evict them. Do not accept any money from the tenant unless it’s the full amount and you intend to cancel the eviction.
It’s best to settle the eviction outside of court, if possible. Not documenting or following eviction notice guidelines. Not properly following eviction steps and legal proceedings can lead in your loss in the eviction. Be sure to carefully document conversations, notices, and leases with your tenants.
If a property owner illegally evicts a tenant, the tenant may sue the landlord for a wide variety of things depending on the circumstances of the eviction: Intentional infliction of emotional distress.
A tenant, for example, may say that the eviction is a retaliatory eviction or that the missing rent was used to make necessary repairs that the landlord refused to make.
If the tenant refuses, the landlord must file an unlawful detainer action at the small claims court to have the tenant lawfully removed. The landlord must file a "complaint" with the court. A complaint contains:
A self-help eviction occurs when a landlord retakes possession of a property without using the eviction process. The use of self-help may amount to landlord harassment. Nearly every state prohibits a landlord from using self-help to evict a tenant. A state's legal eviction procedures apply regardless of what a tenant has done or how ...
To remove a tenant without cause, the landlord must serve the tenant with a 30-day or a 60-day notice to vacate the property.
If the tenant does not respond to the complaint, a default judgment is issued for the landlord. If the tenant does respond with an answer but the court order is in favor of the landlord, that judgment entitles the landlord to take possession of the property.
Slander. Libel. Intentional infliction of emotional distress. A tenant's behavior will not shield a landlord from liability. Instead, a court may view the landlord's unlawful actions as landlord harassment. The tenant is entitled to actual money damages for the expenses resulting from the illegal eviction.
If you've been evicted and are trying to rent after an eviction, then you should write a letter explaining your eviction to your future landlord.
So, how do you go about writing a letter explaining an eviction? While it can seem scary to explain your history in a short letter, it doesn't need to be. These letters should be sincere, direct and honest.
Now that we've talked about renting after an eviction and the main benefits of writing a letter explaining eviction, here is a sample letter template to help you create your document. Simply download this letter and update everything in parentheses ( ) based on your situation.
In addition to writing a letter explaining an eviction, you can do a few other things to improve your chances of renting after an eviction:
Renting after an eviction is more difficult but it can be done. With sincere effort and diligent research, you can find a new place to live and have a fresh start. Eviction doesn't need to be a red flag on your background forever.
Landlords must notify tenants of an impending eviction by serving a notice, typically sent by certified mail and taped to the front door. There are four common types of notices:
Because even if you are a model tenant, you just might end up with a despotic landlord or vengeful subtenant who’s determined to see you and your belongings out on the street. Here’s what to expect if you end up the target of eviction proceedings—and how to fight back.
No-cause notice: While this is not legal in every city or state, in most of the U.S., landlords can give month-to-month tenants an order to vacate within 20 days (the exact number may vary based on location). No reason or explanation is necessary. Tenants must abide by the notice, according to the eviction laws.
In other words, landlords can’t evict you because you’re complaining about the lack of heat in your apartment or a cockroach infestation. This allows tenants to safely complain about health issues, safety concerns, or discrimination. You can check your state’s laws here.
In other words: No, they can’t change the locks. No, they can’t throw your stuff on the sidewalk. All that amounts to an illegal eviction. Tenants who believe their landlord has evicted them illegally can initiate their own court case, and potentially receive damages.
But that doesn’t mean you have to leave just yet, at least not according to the eviction laws. You can stay put until your court hearing, although you should continue to pay rent. (Not doing so might be a show of bad faith, meaning you’ll be less likely to win in court.)
You don ’t have to leave immediately. After the grace period is up on your written warning, you will receive an official eviction notice—also typically delivered by certified mail and taped to your door by the landlord. But that doesn’t mean you have to leave just yet, at least not according to the eviction laws.
In most states, this is 30 days before the rent increase will take effect. 3. Sending Tenant Notice to Quit for Violating Lease Terms: If a tenant is violating the terms of their lease, the landlord has the legal right to send the tenant a notice to quit the behavior.
A landlord is usually only allowed to make a buyout attempt once within a certain number of days as repeated attempts could be considered harassment. 6.
Buyout: A buyout is when a landlord tries to get the tenant to accept a sum of money to move out of the unit by a certain date. The landlord may want to convert the unit to a condo, avoid dealing with the eviction process or force a rent stabilized tenant out of the property.
Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. A landlord may perform these actions to disrupt the tenant's quiet, peaceful enjoyment of the rental unit, force the tenant to move from the unit or force the tenant to refrain from pursuing a legal right they have. 1 .
Improper Notice: Landlord-tenant law requires landlords to give a certain amount of notice for events such as entry, nonpayment of rent or evictions. 4 5 If the landlord does not give the proper notice, it could be considered harassment.
Raising Rent : Most states will require a landlord to give a tenant at least 30 days’ notice before the landlord is allowed to increase the tenant’s rent. 3 Demanding more money without the proper notice could be a form of harassment.
A landlord could be fined between $3,000 and 11,000 for each harassment offense they are convicted of. In addition, they are unable to increase the rent on a tenant who they have been convicted of harassing until the Division of Housing and Community Renewal lifts this ban. 1  If a landlord in New York is convicted of a felony for physically injuring a tenant, he or she could face jail time, as well as a fine. 11 
The next step in the eviction process is to deliver a written eviction notice to your tenant — but only if this is required in your state. Some states require this if you’re attempting to remove a squatter, as well.
If a tenant has violated the rental agreement/terms of the lease, you may be able to avoid costly eviction litigation if the tenant is willing to work with you. For example, let’s say your tenant has too many people living in the rental unit according to the rental agreement/lease.
Steps to Evicting a Tenant: Talk to your tenant about the issue. Give the tenant a written eviction notice (if required). File an eviction action with the appropriate court. Attend the hearing. Appeal the ruling (if the court doesn’t evict the tenant). While some tenants may push you to the edge of reason, it’s important to understand how ...
In some states, landlords are only required to provide their tenants with 24 hours’ notice, while in others, landlords could be required to provide 30 days’ notice or more. Read more.
This is when you as the landlord or property owner: Change the locks without telling your tenant (s) Remove your tenant’s belongings from the rental unit when they’re not home. Shut off your tenant’s utilities for the sole purpose of forcing the tenant to move out.
For example, the notice only gave your tenant three days to pay past-due rent, but your state’s laws say tenants have 14 days to pay past-due rent before an eviction action can be filed.
In California, for example, filing fees cost between $385 and $435. If you choose to hire an attorney, your expenses could be even higher.