Steps Landlords Must Take Before Filing for Eviction Order

Before taking legal actions, there are a few things that a landlord can do to address payment delinquency or the late payment by tenants. These steps are also highly recommended by experts in property management. However, landlords and property owners should also pay attention closely to the tenant’s action to see what he or she can potentially do in order to quickly take another response. As much as possible, experts do not advise landlords to immediately file a legal complaint. Many business owners are discouraged by their lawyers to go into that area quickly as legal filings and other related costs are so expensive and uncomfortable to go through. This action will not be going to help with your profit that much. To settle it in a strategic manner, the landlord can either arrange a meeting, talk to the tenants on the phone, or send a formal notice about the breach of contract.

The purpose of a phone call is to talk to the tenant in real-time. However, the good thing about it also is that the landlord can have complete control when it comes to possible accusations of harassment. The landlord can avoid one potential fault in making his or her point. When talking to the tenant about the issue, the landlord must also be careful of his words. He must always put in mind that every little mistake can be used against him, especially when the tension escalates and things go out of control. While explaining every detail to the tenant, the landlord must also pay attention carefully in order to clearly understand and assess what the tenant is saying. Though similar to the “late rent notice”, it would be advantageous if the landlord does a phone call first before giving a “late rent notice”.     

Although there are no legally assigned certain periods of days as rules for payment of rent in most states, the landlord can include them on the lease agreement. Of course, this is acknowledged through the signing of both parties. In the clause of the lease, the tenants are given a three to five days period after the due to provide payment. When a tenant fails to abide by this agreement, then the landlord may proceed to the next step. This may include adding extra fees as penalties. However, it depends on the written arrangement. Once the payment is late, it is already a breach or a violation of the contract therefore the strategic thing to do so that you won’t end up in trouble is to properly select the right tenants by doing a screening and to clearly make them understand everything about the lease.    

A late rent notice is also another very important document even though it is just a reminder to the tenant. Serving this to the tenant not only helps in showing all the necessary fees he or she has to pay but also serves as a warning regarding further legal steps the landlord will have to take in case the tenant still refuses to pay the sum amount owed. The landlord may send it through email or may deliver it through printed copy. Usually, the late rent notice will compel the tenant to take the warning seriously as it can be used later in court as a backup proof document in case the situation necessitates it.

So these are the two steps a landlord can take before taking legal actions or filing an eviction order. If you want to know more, contact our office at Jaxon Texas now.