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February 23, 2010

When To Utilize Court Action For Eviction For Non Paying Tenants

Filed under: law — Tags: , , , , — Harry Carr @ 12:56 pm

Using property for rentals is a good way to supplement incomes unless the renters are refusing to pay the monthly rent. If you own rental property and are having difficulties getting the money owed to you, it may be necessary to file a court action for eviction.

Most landlords will give their tenants ample opportunities to catch up on the amount owed before taking the needed steps. Tenants are great at coming up with excuses for non payment and will in most cases end up living in your property for several months without paying a cent. It is necessary to remember this is still a business.

Regardless of how much money is owed to you there are procedures to take for your protection. Do not under any circumstances remove their property, change any locks or disconnect utilities. If you do any of these while the tenant is still in a residence they can ultimately file a lawsuit against you. Resulting in not receiving past due rent, but also possible owing them money.

If you have taken steps to evict through the court, it is important to not take any form of partial payment from tenants. Any money accepted will cause the court actions to come to an immediate halt as it will be viewed as you are in agreement to allowing them to remain in the residence.

If you intend on including late fees as part of the amount owed in a lawsuit, it is important this fee be noted clearly in the lease that has been signed by you and the tenant. Make it as specific as possible, for example include if the rent is not paid in full on the first of each month there will be a fifty dollar late fee. Or you could charge a small fee such as five dollars for each day past the third of the month.

It is also necessary for you to meet with the renters in person and present them with a statement of the amount due. If you do not receive a response and the occupants are one month behind, this is when the initial court papers should be filed.

In many states it can take as long as six months to remove a tenant.In many states the landlord can deliver a notice giving the tenant three days to vacate. If they remain a sheriffs deputy will deliver the occupant a notice that they are being served with court action for eviction. Even if they move out, follow through with the court appearance to avoid any actions that may be taken against you for entering the property should the occupants also appear in court on the scheduled day.

Do you need to learn what the Court Action for Eviction is? Head to the following link for the information you need http://www.landlordangel.co.uk/ today.

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