Every state has its own set of eviction laws, which protect the rights of property owners and renters. If you are forced to kick someone out of your property, it is important to follow eviction procedures to the letter. Failure to do so raises the chances of being on the losing end when disputes happen. To prevent lengthy and costly legal battles when trying to evict a tenant, here are a few costly mistakes you should avoid.
Pursuing Unauthorized Forceful Eviction
It is common for uninformed novice landlords to think they have the upper hand when it comes to evicting tenant. Such landlords end up pursuing self-evictions. In some cases, property owners try to make living conditions miserable in order to force the tenant to vacate. For instance, some landlords might resort to the following actions when pursuing a self-eviction.
- Turning off a tenant’s utility services like gas, electricity and water
- Locking the tenant out of their home by changing the locks
- Resort to harassment, intimidation or threats to coerce a tenant to move out
- Removing the tenants possessions from the property
Forcing a tenant to vacate on your own without following the proper eviction procedure is not only illegal in most states, but also potentially dangerous. The tenant can file a lawsuit and you could find yourself paying fines for harassment. With this in mind, ensure to learn about the proper eviction procedure in your state.
Issuing an Improper or Informal Notice
There are many reasons for eviction, some of which include non-payment of rent, breach of the lease agreement, or removal of the rental property from the market. When facing these situations, many landlords make the mistake of issuing an informal notice to terminate tenancy. A simple “I want you out of my property by end month” is a clear statement to a tenant facing possible eviction. But, verbal notifications are not enough to start legal action for evicting a tenant.
Whatever the reasons behind an eviction, first make sure to involve a professional in legal matters of this nature. Whether you choose to hire the best solicitors Aberdeen has to offer or eviction lawyers in your area of residence, this can help you to avoid some of the loopholes that landlords fall for when trying to evict a tenant.
The law requires landlords to provide tenants with a proper eviction notice in writing. A lawyer can draft a professional notice and inform the tenant why they are facing an impending eviction. Because there are different grounds for eviction, different states have varying timelines for when a notice to terminate tenancy ought to be issued. Some reasons require a few days advance notice, while others may require several months. Make sure to understand how far in advance you must present the notice depending on the situation. If you fail to file a proper eviction notice and in the required timing, you could find yourself starting the whole process all over again, especially if the tenant decides to challenge the eviction in court.
Remember that the best way to carry out a smooth eviction is by involving a lawyer. A professional eviction attorney can give proper guidance for pursuing evictions based on current laws in your state.
Emily Stewart is a rental property owner based in Aberdeen, Scotland. She loves to write and talk about matters affecting the real estate industry. Whenever pursuing evictions, Emily hires the best solicitors Aberdeen from here.