apartment management program – Yahoo! 404 – Page Not Found

Tuesday, December 1st, 2009 at 2:34 pm

Yahoo! 404 - Page Not Found

Use the Escape key to return to the search box. Use the right arrow key to explore related concepts.

Use the Escape key to return to the search box. Use the left arrow key to return to the search suggestions. Use the up and down arrow keys to select concepts related to your query.

Property Management, Eviction Notices, & When To End Your Lease Agreement

The evictions process can be costly and cumbersome, but it is an important part of the property management toolbox. In spite of these obvious drawbacks, there are circumstances when a landlord’s only recourse is to get rid of a troublesome tenant.

According to Mike Hill, owner of Mike Hill Real Estate, eviction should be considered whenever a tenant violates any provision of the lease agreement. Even if the landlord hasn’t renewed the lease agreement, if there’s a clause in it that specifies that if it rolls over into a month-to-month rental agreement all terms and conditions are still applicable, then the landlord can evict if a tenant violates one of the provisions of the original lease agreement.

In order to start the eviction process, the landlord must give the tenant a Notice To Quit. This is a letter that says that the tenant will have to move out by a certain date unless the problem is corrected. The property laws of the state in which you live set this deadline based on the reason you’re asking your tenant to go, and the type of tenant you have.

Since there are different circumstances for eviction, effective property management requires you to use the appropriate type of Notice To Quit. The first is for nonpayment of rent. Mike says that in many states, landlords must make a final request for the rent owed, and explain what will happen if it isn’t paid. If the tenant pays, there is no further issue as long as the late charge is included. The landlord must accept the rent even though it’s late.

The second type of notice is for violation of a condition of the lease agreement other than non-payment of rent. Individuals employed in property management know that there are some tenants who will insist on keeping a pet even though the lease agreement prohibits it, or who are so noisy they disturb other tenants or neighbors. This type of Notice To Quit is used to evict a tenant who engages in these kinds of violations.

The third type of Notice is for termination of a periodic tenancy. In general, the landlord must give the tenant a 30-day warning that the tenancy is being ended. Some states require that a 60-day notice be given to tenants who have lived in the apartme
1000
nt for over a year.

The best way to deliver a Notice to Quit is for a landlord or their representative to hand it to the tenant. If the tenant isn’t there to receive it, then it can be left with a family member other than a young child. It can be tacked on the front door as long as it can be easily seen. A landlord can also send it by certified mail, but they should also send a copy by first class mail, too.

When the Notice is served, the tenant must respond within the time frame given in the Notice. If they don’t, the landlord can file a complaint for eviction. This document has a variety of names depending upon the state. It is filed either in Small Claims Court or Superior Court, depending on the jurisdiction.

If the tenant refuses to file an answer with the court, the court will enter a default judgment for eviction as long as the landlord proves that the papers were served correctly. Default judgments can be set aside if the tenant can convince the court they had a good reason for not responding.

If the tenant proves their reason was valid, the case will be scheduled for a hearing. If the court rules that the landlord can evict, the landlord contacts the sheriff who posts a notice on the tenant’s door that says if the tenant doesn’t leave by the date and time given, the sheriff will remove them from the apartment.

Mike noted that the biggest mistake landlords make when it comes to eviction is not beginning the eviction process in the same month in which rent isn’t paid. Landlords make a costly mistake when they accept whatever excuse the tenant has for not making the payment.

Finally, Mike added that an important rule of property management all landlords should remember is to not personalize the relationship between themselves and their tenants.

By: Maria D. Esposito

Article Directory: http://www.articledashboard.com

Maria is a real estate writer and landlord, who runs a property management company. She has had to end many a lease agreement due to tenants failing to pay rent, and is familiar with the eviction process. Among the real estate resources she writes for is EZ Landlord Forms, an online resource that provides a customizable lease agreement builder and online property management software.

Click the XML Icon Above to Receive Real Estate Articles Via RSS!
Additional Articles From - Home | Finance | R
1000
eal Estate

Cheerleading uniforms Finding Apartments In Dallas, Tx Posted By: Finders
Tips for selling houses - Knowledge is Power
Your Motives for Selling: Watch out for the Psychological Effect
Showing Your Home
Caribbean Property Recovering Well as Wealthy Seek to Forget their Worries
Property Agents in Spain
What are the benefits of buying a home through Tampa foreclosures and how to find a bargain property
What are the unique features of bank foreclosures and how to find a suitable foreclosed property thr
Buying Naples Pre Foreclosure Property
Keep Your Goals in Mind when Defending Foreclosure