How to Evict Tenant without Going to Court?

1. How to Evict Tenant without Going to Court? Eviction is the daunting task of relocation process that no landlord ever wants to get into. It is complicated and it is messy too. As per the United States property law, you can grant your property to someone, but if you want to evict the tenant then you have to face the legal proceedings. It’s not like that, one morning you go to tenant and ask him to vacate the property. A complete legal process needs to be followed for the same and then only you can proceed. A self-help eviction process, in which the landlord evicts the tenant without anyone’s assistance can lead the landlord to harassment. Every state in USA prohibits the landlord from using the self eviction method. One has to follow the state legal process no matter how bad your tenant is. Law of state protects the tenant’s right. Even if the tenant has not paid rent or has destroyed your property, still you have to follow the laws to evict him. Here are few of the self-help methods which landlords should avoid. This may land you to problems being the landowner: Allowing the utility companies to cut the supply, if the tenant fails to make the payment Changing locks without tenant knowledge Removing possession of tenant from the rental unit Threatening tenant Ordering tenant to leave without giving intimation      Liability of Landlord for Evicting Tenant Court is in the great favor of the tenants and can frown on self-help-eviction and can even award the tenant for the illegal eviction. So, being the landlord you really have to

2. be careful for this. If a landlord tries to evict the tenant illegally then the tenant can even sue the property owner. There are many ways the tenant can ask justice and can put the landlord in the case of trespass, wrongful eviction, assault, battery, slander, libel and the intentional infliction of emotional distress. The behavior or tenant would not shield the landlord from his liability. So, if you want to evacuate then you are supposed to follow the lawful actions. Evict Tenant Lawfully If you don’t want to go to court and want to solve the disputes then and there, then you should follow some legal points. A landlord should follow applicable state law to evacuate the tenant, instead of filing harassment or any other legal case. Here are few of the ways, following which you can get the tenant out of the property without any hassle. Give a Termination Notice Before approaching court or taking any legal action, the landlord should give termination notice to the tenant. It is under the jurisdiction of a landlord that he can remove the remove a tenant with or without a reason. However, there are three types of termination notices. You can provide anyone applicable to tenant and ask him to quit. Pay rent or quit: This is the most common notice that the landlords give the tenant for eviction. The tenant is required to pay rent within the required period of time or vacate the property. Cure and quit: In case the tenant is violating certain rules of the property as mentioned in the contract then he should correct the same or leave the property. Unconditional quit: This is the case where the landlord does not want any other thing from the tenant. But, he just wants him to leave the property. Well, if you are a landlord then you are required to give a notice period of 30 days or 60 days to the tenant to vacate the property, whichever is mentioned in the contract. Without providing the tenant adequate time for vacating property, can lead you to serious legal issues. File an Eviction Lawsuit After providing the adequate notice to the tenant, if he still denies leaving the premises then you should find an eviction lawsuit. A complaint should be filed with the court, regarding landlord’s issues. In the eviction complaint, you have to mention the reason justifying the reason. It should contain a request for back rent and damages. The landlord must serve the tenant with the complaint, along with a summons. These are the documents that will inform the tenant about the lawsuit. Wait for Tenant Answer Once you give summon to the tenant, you should wait for his answer. It is far more necessary for you to wait for the complete proceedings. Remember, the tenant may use to answer the lawsuit and would defend himself and deny the allegations. So, you need to wait, till the things get over.

3. Receive Judgment for Possession You should wait for the final judgment. Taking any step prior to judgment can take you to serious problems. You should always beware regarding the same. In case, the tenant does not answer to the notice then the court would favor the landlord in judgment. Remove Tenant Once you have got an approval from court, you can remove the tenant. If the tenant fails to vacate the property within the time specified, the law enforcement official may

4. physically remove the tenant. So, wait till the orders then only you can evict the tenant from your property. In most of the cases, the tenant and landlord solve the matter outside court. There are high chances that your tenant will vacate the property after the first notice only. In case you don’t want to encounter any such complications with your property then it would be better to hire a property management company in Baltimore. They would deal with your property better and in case there is a legal case to evict the tenant then the property management company in Maryland MD will represent you in court. Having them by your side would allow you to evict the tenant without going court. Blog Source: http://landlordssolutions.blog.fc2.com/blog-entry-2.html