Common Eviction Mistakes that Landlords Must Avoid
When the need arises to evict renters, landlords often do it as an absolute last resort – yet must ensure it’s done in an orderly and proper fashion to prevent legal problems, delays, and financial losses that might occur from mistakes made during an eviction proceeding. Here are a few key eviction errors rental landlords must avoid:
Avoid Misleading Documents
Landlords should avoid making one of the biggest errors of landlording: failing to document communication and lease violations with tenants. Every interaction, including warnings for violations and late rent notices, should be recorded. Without proper records, it can be impossible to prove an eviction case successfully.
Bypassing State and Local Laws
State and city laws surrounding landlord-tenant relationships vary considerably, making any failure to abide by them an unlawful eviction. To stay compliant, landlords should familiarize themselves with all relevant eviction rules in their locality before initiating an eviction.
Self-Help Evictions
Most jurisdictions prohibit coercive eviction unless approved by a court order and following legal processes. Landlords must adhere to legal standards for self-help evictions, such as serving notice to tenants and obtaining court orders against violations. If landlords refuse to leave, they must follow legal procedures, including giving notices, to ensure they follow legal requirements for forceful removal.
Notification of Incomplete or Erroneous Information
Landlords sometimes make the mistake of sending insufficient or inappropriate eviction notifications or not providing sufficient notice periods for tenants who wish to move out. They might send the incorrect type or amount of notification or fail to allow sufficient time before filing their eviction petitions with court authorities.
Retaliatory Expulsion
It is unlawful in many jurisdictions for landlords to evict tenants who exercise their legal rights by filing reports about code violations or organizing tenants associations, so any actions taken might be perceived by some as reprisal expulsion and should therefore be done with great caution by landlords.
Discriminatory Practices
Fair housing laws prohibit landlords from evicting tenants based on protected characteristics like race or religion. Landlords should ensure their decisions to evict are solely driven by valid reasons relating to tenant conduct violations and lease violation issues.
Failure to Maintain Property
Landlords are legally obligated to maintain livable conditions in rental properties, and if rent is withheld due to unresolved maintenance issues, they must promptly address these concerns through proper procedures.
Not Seeking Legal Advice
Eviction can be an intricate and costly process; to ensure they understand all their rights and responsibilities fully, landlords should consult a knowledgeable lawyer familiar with landlord-tenant law for guidance during this process.
Consider Alternative Solutions
After exploring all other avenues that have been tried without success, landlords should explore alternative solutions such as payment plans or mediation to resolve conflicts between themselves and tenants before initiating eviction proceedings.
Do Not Follow Through with Court Proceedings
Landlords involved in eviction cases must adhere to legal procedures, and attend all scheduled court hearings. Failing to do so could delay and cost landlords both time and money in extended eviction cases.
Rental landlords should avoid these common eviction errors to safeguard their rights and ensure an easy eviction when necessary. Landlords can reduce risks and complications by adhering to legal requirements and maintaining complete documentation.