It is important for a landlord to protect himself / herself from tenant injuries liability.

Ques. When is a landlord liable for injury to a tenant or a visitor to the rental property?
Ans. For a landlord or a property manager to be held responsible for an injury on the premises, both should have been negligent in maintaining the property, and the resultant injuries should be the direct outcome of that negligence. An injured tenant or visitor to the rental property will have to prove the following if the landlord is to be held liable:

1. The landlord was responsible for maintaining the portion of premises that caused the accident.
2. No reasonable steps were taken by the landlord to avert the accident.
3. There was no unreasonable expense or difficulty involved in fixing the problem, or at the very minimum giving adequate warnings.
4. The accident was foreseeable, and a serious injury was the probable consequence of not fixing the problem.
5. Sheer negligence on the part of the landlord is the raison d’etre behind the accident.
6. The injury is genuine.

For example, a fall on the broken from step leads to the tenant breaking his ankle, the landlord will be held liable, if the tenant can prove the following:

1. The landlord was responsible for maintaining the steps, which is usually the case, as steps are part of the common area.
2. Failure on the part of the landlord to take reasonable measures to maintain the steps (for days or weeks.
3. Repairing the steps would not have been a tough or expensive proposition, as fixing broken steps is a relatively minor job.
4. Tripping and falling on broken steps is highly likely, and the probable result of a broken step is a serious injury, completely foreseeable.
5. The tenant must be able to prove that he / she tripped and fell on the rental properties broken steps, thereby breaking his / her ankle.
6. The injury is genuine and the tenant is seriously hurt.

If, a tenant can prove all that, then most likely he / she will file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. Therefore, a landlord in order to avoid any problems should keep the property in excellent condition by:

1. Using a written checklist to inspect the premises and fixing any problems before new tenants move in.
2. Tenants should be encouraged to immediately report safety or security problems such as plumbing, heating, broken doors or steps, whether in the rental unit or in common areas, such as, hallways and parking garages.
3. A written log regarding tenant complaints and repair requests, with details as to how and when problems were fixed should be kept.
4.Repairs should be handles on a priority basis, with all safety issues taken care of within 24 hours. Tenant should be kept informed as to when and how the repairs will be carried out.
5.Tenants should be given twice yearly checklists on which to report any potential safety hazards or maintenance problems, which may have been overlooked. The checklist should be used to personally inspect all rental units once a year.

In addition, all responsibilities for repair and maintenance should be clearly set out in the lease or rental agreement.

Ques. How will insurance protect a rental property business?

Ans. A well-designed property insurance policy will cover property losses caused by fire, storms, burglary, and vandalism. Typically, earthquake and flood insurance are separate.

It is best for a landlord to take out a comprehensive general liability (‘CGL’) policy, which will provide liability insurance, covering injuries or losses suffered by others, as the result of defective conditions on the property. Equally important, liability insurance covers the legal cost of defending personal injury lawsuits.

The following tips should help in selecting the right kind of insurance:

* Enough coverage should be purchased to protect the value of the property and assets.

* The policy should also cover physical injury, libel, slander, discrimination, unlawful and retaliatory eviction, and invasion of privacy.

However, landlords can and should avoid unnecessary litigation by screening prospective tenants and employees, as well as, conducting background checks, simply by visiting www.e-renter.com for tenant screening and background check services.

When you hire a lawyer for your landlord-tenant issues, the kind of fee arrangement arrived at has a significant impact on what is to be paid for his / her services. Legal fees hinge on several factors, i.e.

• A lawyer’s ability, experience and reputation.
• Novelty and toughness of the case.
• Duration of the case.
• Costs involved, and
• Outcome of the case.

As well, other factors, such as, the lawyer’s overhead expenses i.e. rent, utilities, office equipment, computers, etc. may also have a direct bearing on the fees charged.

Lawyers use several common types of fee arrangements, as follows:

1. Consultation Fee: Lawyers may charge a fixed or hourly fee for the first meeting, during the course of which it is determined, whether he / she can assist you or not. Check before hand, if you are going to be charged for this initial or consultation meeting.
2. Contingency Fees: In this kind of fee arrangement, lawyers base their fees on the percentage of the amount awarded in a case. If, you lose, the lawyer does not get a fee, although, you will still have to pay his / her expenses. Contingency fee percentages vary, however the most common amount is of one-third. Some lawyers offer a sliding scale based on how far along the case has progressed, before it reaches its conclusion.However, courts are allowed to set a limit on the amount of contingency fees, a lawyer may receive. Typically, contingency fee arrangements are used in personal injury cases, property damage cases, or other cases where large sums of money are involved. Again, the court may prohibit lawyers from making contingency fee arrangements in certain case types, such as, criminal and child custody matters. And, contingency fees can not be charged for divorce cases, if the client is being sued, or if the client is seeking general legal advice, perhaps, on the purchase or sale of a business.
3. Flat Fees: A lawyer charges a total fee, or flat fee, which is usually offered for relatively simple or routine cases, such as, relating to wills or uncontested divorces.
4. Hourly Rate: In this kind of fee arrangement, lawyers charge for each hour (or portion of an hour) spent on working on a client’s case. Take for example, if the lawyer’s fee is $100 per hour, and he / she works 5-hours on a case, $500 will be the fee charged. Some lawyers may charge different fees for different types of work e.g. legal research vs. court appearance. In addition, lawyers working in large firms typically have different fee scales with more senior members charging higher fees than young associates or paralegals.
5. Referral Fee: If, a lawyer refers a client to another lawyer, he / she may ask for a portion of the total fee paid for the case. However, applicable state codes of professional responsibility may prohibit referral fees, unless certain criteria are met.
6. Retainer Fees: The lawyer is paid a set fee, i.e. a retainer, perhaps based on his / her hourly rate. Retainer fees can be considered a kind of down payment, against which future costs are billed. Usually, the retainer is placed in a special account, and service costs are deducted, as they accrue. Mostly, retainer fees are non-refundable, unless deemed unreasonable by a court.As well, a retainer fee can also mean the lawyer is on call to handle a client’s legal problems over a period of time. Retainer fees can mean several different things; therefore, it is a good idea to clarify the arrangement with your lawyer in detail.
7. Statutory Fee: This kind of fee is usually paid in probate, bankruptcy or other proceedings, and in some cases may be set by statute, or a court may set and approve a fee to be paid by a client.

Whatever, kind of fee arrangement you arrive at, always ask what costs and other expenses are covered in legal fees. Whether, they include overheads and costs, or will they be charged separately? Whether, costs for staff, such as, secretaries, messengers, or paralegal will be charged, as well? In contingency fee arrangements, ensure whether the lawyer will calculate the fee before or after expenses.

Before renting out or renovating their rental property, landlords are required to disclose lead-based paint or other environmental hazards, as they may be held liable for tenant health problems resulting from exposure to lead or asbestos.

Ques. Does a landlord have any legal responsibilities towards tenants regarding lead content on his / her rental property?
Ans. When it was found lead poisoning caused serious health problems, the information led to the 1992 enactment of the Residential Lead-Based Paint Hazard Reduction Act, commonly known as Title X (Ten). The implementation of Title X by Environmental Protection Agency (EPA) regulations applies to all rental property built before 1978.

Title X ensures landlords must disclose all lead-based paint and hazards on their property to tenants, before leases or rental agreements are signed or renewed. It requires both landlord and tenant to sign an EPA-approved disclosure form, as proof the tenant has been informed of the presence of lead on the premises. These disclosure forms must be kept by property owners for a minimum of three years from the date a tenancy begins.

Failure to comply with EPA regulations can result in landlords being slapped with penalties of up to $10,000 for each violation. And, if a landlord is found liable for a tenant’s health issues, direct outcome of exposure to lead, he / she may have to pay a steep price in damages.

Ques. Are certain rental properties exempt from Title X lead disclosure regulations?
Ans. If, the following applies to your rental property, then Title X does not cover them:

1. Any housing that was built after obtaining a construction permit or one built after 1st January 1978.
2. If, the rental property is a loft, efficiency, or a studio apartment.
3. Short-term vacation rentals of 100-days or less are not governed by Title X.
4. Single room rentals in private residences.
5. Any housing that has received a lead free certification from a state-accredited lead inspector.
6. Housing designed for disabled individuals, unless a child less than 6-years of age is expected to live with them.
7. Retirement communities i.e. housing designed for seniors, where one or more tenants is, at least 62 years old, unless children under six are present or expected to live there.

Ques. Does a landlord have to make a lead disclosure when going in for renovations of his / her rental property?
Ans. Yes, it is important a landlord, in accordance with EPA regulations, begins renovation of occupied rental units or common areas in buildings constructed before 1978, after informing current tenants of lead hazard, at least 60-days before beginning to renovate. EPA regulations define renovation as any change that disturbs painted surfaces, with some exceptions, such as, minor repairs and emergency renovations. Developed under the federal Toxic Substances Control Act, these regulations became effective in June 1999.

Before beginning renovation of an occupied rental unit, the landlord or contractor must provide the unit’s occupant with a copy of the EPA pamphlet entitled: “Protect Your Family From Lead in Your Home.” In case common areas will also be affected, notices must be distributed to every rental unit in the building, with a description of the nature and location of renovation work, including dates work is expected to begin and end.

Apart from lead, property owners are also liable for tenant health problems related to other environmental hazard exposure, such as, asbestos. Regulations issued by Occupational Safety and Health Administration (OSHA) sets strict standards for testing, maintenance, and disclosure of asbestos in buildings constructed before 1981.

While, landlords avoid unnecessary litigation by screening prospective tenants and employees, as well as, by conducting background checks, by visiting www.e-renter.com for tenant screening and background check services, they must ensure their own carelessness does not result in being sued for health problems by tenants.

If, you are a landlord with extensive rental property, sooner or later, you are bound to end up in need of legal assistance. Once you have zeroed in on a lawyer with extensive experience on landlord-tenant and rental property issues, it would be a good idea to discuss and agree upon fees and fee arrangement, during your initial meeting with him / her. The fee agreement should clearly set out services expected of the lawyer, type of fees, and what the lawyer expects you to pay. As well, the agreement should identify the handling of costs, including an explanation of the lawyer’s billing practices.

While, discussing lawyer fees and costs, you should cover the following topics:

1. Type of Fee Arrangement: How is the lawyer going to bill you? Will he / she bill you on an hourly basis, or is it a contingency fee arrangement, or will you have to pay a retainer fee?
2. Permissible Cost Types: It should be absolutely clear which costs are to be passed on to you e.g. whether you will pay for photocopying, if so how much per page? Will electronic research charges be reversed to you? Before proceeding, ascertain you both are in agreement as to the costs to be paid by you, and the rate at which you will pay them.
3. Fees and Costs Estimation: If, you are hiring a lawyer for an eviction case or some such matter, find out what the case will cost? The exact amount of time and effort required to handle your case may not be easily determined, but the lawyer should be in a position to give you a fair estimate of both fees and costs based upon past experience.
4. Frequency and Detail of Billing: Also, find out how often the billing will be done and, whether interest or other charges will be added to unpaid amounts. Ensure your lawyer’s bills include service details along with itemisation of costs. In case, the lawyer is working on a contingency arrangement, you need to know how often he / she will bill you for costs, and when you will receive payment for favourably resolved cases.
5. Basic Charges: In case, your lawyer charges by the hour, find out the minimum billing segment, whether it is one-quarter or one-tenth of an hour, or what? For example, you may be billed for a tenth of an hour (six minutes), just for a simple three minute telephone call. Check with the lawyer, whether work done by others i.e. associates, legal assistants, or paralegals, will also be billed to you.
6. Control: Check out how much control you will have over legal fees and expenses? In case you want to be notified after fees and expenses reach a certain amount, let the lawyer know, the same goes for notification before the lawyer incurs an expense over a certain amount?

Take notes during your meeting with the lawyer, in order to be aware of what has been agreed upon, and based on your discussions, the fee arrangement should be put in writing. Most lawyers have pre-printed fee agreements to be signed by clients. If, the agreement does not include the terms discussed, ask the lawyer to change the phrasing, ensuring the agreement states clearly what has been agreed upon by both you and the lawyer.

However, landlords can avoid unnecessary litigation by screening prospective tenants and employees, as well as, conducting background checks, simply by visiting www.e-renter.com for tenant screening and background check services.

By law, a landlord is required to maintain and repair his / her rental property, in order to protect himself / herself from being held liable for tenant injuries.

Ques. Can a landlord be held liable if a tenant or a visitor suffers injury on his / her rental property?
Ans. Yes, a landlord can be held responsible for an injury on rental premises, if the landlord or his / her property manager have been negligent in maintaining the property, which laxity has resulted in their tenant or a visitor to the property hurting or injuring themselves. However, the following must be proven if a landlord is to be held liable:

1. The landlord is responsible for maintenance of the rental premises, especially the area where the accident occurred and caused the injury.
2. The landlord did not carry out the repairs or fixed the problem, even though the procedure was not difficult or unreasonably expensive.
3. The accident was foreseeable, with the serious injury being the probable outcome of not carrying out identified repairs or fixing the problem.
4. Sheer negligence on part of the landlord, including failure to fulfil his / her responsibilities resulted in the tenant injuring himself / herself.
5. The tenant has been genuinely and grievously hurt.

For example, the broken front door step that should, but has not been fixed results in the tenant falling and twisting / spraining / breaking his / her ankle. If the tenant can prove the following, then it is the landlord who will be held liable for the injury:

1. Part of a common area, it is the landlord’s responsibility to repair the broken steps.
2. As well, it has to be proven the broken steps were not a recent occurrence, but the landlord has failed to take reasonable measures to maintain the steps for days, or weeks, or months.
3. A minor inexpensive job, repairing the steps could have been easily carried out.
4. As, falling on broken steps is foreseeable and highly likely, the probable outcome of broken steps is serious injury.
5. A tenant must prove that the fall and resultant injury are due to falling on the broken steps.
6. The tenant is genuinely hurt, such as, breaking a bone or tearing a muscle.

In such cases, a tenant is allowed to file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. Damage to personal property that results from faulty maintenance or unsafe conditions can also be claimed, when a landlord fails to carry out serious repairs.

Ques. Is there any way for landlords to minimize financial losses related to repairs and maintenance?
Ans. Many problems can be avoided by maintaining rental property in excellent condition. For example:

1. It is useful for landlords to use written checklists for inspecting premises and fixing problems before a new tenant moves in.
2. Landlords should encourage tenants to report immediately safety or security concerns, such as, plumbing, heating, broken doors or steps, whether inside the unit, or in the common area i.e. hallways and parking garages.
3. A written log of all tenant complaints and repair requests, including details, as to how and when the problems were fixed should be kept by landlords.
4. All urgent repairs should be carried out, as soon as possible, and all safety issues should be taken care of within 24-hours. Tenants should be kept informed, as to when and how, the repairs will be carried out.
5. Tenants should be provided with a twice yearly checklist to report over-looked potential safety hazards or maintenance problems. The same checklist should be used by the landlord to personally inspect all rental units once a year.

As well, clearly set out responsibilities for repair and maintenance in leases and rental agreements.

Ques. Will insurance help protect a rental property business?
Ans. A well-constructed insurance policy will serve to protect rental properties from losses caused by natural / unnatural causes, including fire, storms, burglary, and vandalism. Typically, earthquake and flood insurance are separate and not included in property insurance policies.

A comprehensive general liability (CGL) policy provides liability insurance, covering injuries or losses suffered by others as a result of defective conditions on the property. Equally important, liability insurance covers the cost (mostly legal bills) of defending personal injury lawsuits

Tips For Choosing Insurance

1. Purchase enough coverage to protect the value of the property and assets.
2. Be sure the policy covers not only physical injury but also libel, slander, discrimination, unlawful and retaliatory eviction, and invasion of privacy suffered by tenants and guests.
3. Carry liability insurance on all vehicles used for business purposes, including the property manager’s car or truck if used on the job.

Typically, landlords are permitted to charge tenants for any cleaning or repairs that are necessary to restore the rental unit to pre-tenancy conditions. However, a tenant’s security deposit cannot be used to cover the costs of ordinary wear and tear that may occur during a tenant’s occupancy. Following are some examples of wear and tear versus damage or filthy rental premises:

Ordinary Wear & Tear That Is A Landlord’s Responsibility

1. Sun faded curtains.
2. Shower or bath water stained linoleum.
3. Nicked or minor marked wall paint.
4. Wall dent, result of being constantly bumped by a door handle.
5. Spotted or moderately dirty carpet.
6. Tack or nail holed walls.
7. A rug worn thin due to constant use.
8. A refrigerator door’s worn gaskets.
9. Faded wall paint.
10. Ingrained dirt soiled hardwood floors that have lost their finish and been worn down to bare wood.
11. Warped cabinet doors that don’t or won’t close.
12. Stained porcelain fixtures without their protective coating.
13. Moderately dirty mini-blinds.
14. De-silvering (spotted) bathroom mirror.
15. Clothes dryer thermostat that has given out and now delivers cold instead of hot air.
16. Mineral deposit clogged toilet jets that flush inadequately, as a result.

Tenant Caused Damage Or Filthy Mess

1. Curtains or carpets with cigarette burns.
2. Broken bathroom tiles.
3. Prominently marked or hole-pitted walls.
4. Hanging doors i.e. off their hinges.
5. Ripped or pet urine stained carpet.
6. Picture holes or gouged walls requiring extensive patching, including re-painting.
7. Stained rugs.
8. Broken refrigerator shelves.
9. Water damaged walls.
10. Water stained wooden floors and windowsills.
11. Icky sticky cabinets and interiors.
12. Grime-coated bathtub and toilet.
13. Missing mini-blinds.
14. Lipstick and make-up encrusted mirrors.
15. Non-functional dryers.
16. Clogged toilets that do not flush properly due to a thrown in diaper or tampon.

The above gives a pretty comprehensive picture to both landlord and tenant, as to what can and cannot be claimed as cleaning or repair costs from security deposits. It is up to both to ensure that they keep their part of the bargain.

However, to avoid expensive litigation, landlords should screen prospective tenants thoroughly, weeding out undesirable elements with past evictions or criminal pasts. Visit www.e-renter.com for tenant screening and background check services.

Ques. Are security deposits refundable or can they be retained for cleaning or damage repair costs for rental properties?

Ans. Security deposits are refundable amounts, as long as a tenant carries out his / her responsibilities that have been set out in their lease agreement. A landlord is not legally allowed to keep security deposit amounts, even if the lease calls it by some other name i.e. pre-paid rent.

Ques. Are landlords required to hold security deposit amounts in a separate bank account apart from their other assets?

Ans. Not really, landlords are not required to keep security deposit amounts in separate accounts. However, if the state law imposes such a restriction, any landlord who fails to comply by keeping security deposit amounts separately will be held liable for paying damages to his / her tenants.

Ques. Are landlords required to pay interest, as well, on security deposit refunds?

Ans. Most state statutes require landlords to pay interest on security deposits, despite the fact it may not have been stipulated in the lease terms. If, state laws state interest has to be paid on security deposit amounts, then landlords must comply or else be held guilty. Some may try to get around this statute by calling security deposit amounts ‘prepaid rent’. Yet, certain state laws affirm, even pre-paid rent earns interest.

After, Chicago City passed a local landlord-tenant ordinance requiring interest to be paid on security deposit amounts, some unscrupulous landlords converted security deposits to pre-paid rent for the last month of a rental agreement. This compelled City Council to amend the ordinance, stipulating interest has also to be paid on pre-paid rent.

Ques. What conditions require a landlord to refund security deposit amounts?

Ans. A landlord owes a tenant at least a partial refund, as long as the last month’s rent has been paid in full, and he / she has not incurred any repair or cleaning costs beyond normal wear and tear.

Ques. What do most leases say on the subject of security deposits?

Ans. Pre-printed standard lease forms will typically contain a paragraph explaining that the security deposit amount is meant to assure tenant compliance with all the lease terms. As well, it sets forth conditions under which a landlord will return a tenant’s security deposit amount. Most leases will allow a landlord to keep all or part of it, in case a tenant moves out owing rent, or causes property damage beyond normal wear and tear. It may also be kept for paying for the cleaning costs of rental premises, if a tenant moves out leaving a mess behind.

Ques. What exactly is a security deposit?

Ans. It is money, usually a month or two’s rent, a tenant deposits with the landlord on moving in. It is meant to protect a landlord, in the event a tenant damages the property or fails to pay rent. While, a landlord may ask for any amount, certain local laws restrict the deposit to the equivalent of a couple of month’s rent.

Ques. What can a tenant do, if a landlord refuses to refund the deposit or refunds only a portion of it?

Ans. The best thing is for the tenant to first try and negotiate with the landlord; perhaps with the help of a mediator, failing which, the tenant can take the landlord to the small claims court.

However, to avoid expensive litigation, landlords should screen prospective tenants thoroughly, weeding out undesirable elements with past evictions or criminal pasts. Visit www.e-renter.com for tenant screening and background check services.

Landlords must remember changing locks or cutting-off utilities to force a tenant to vacate their rental property can lead to various penalties being slapped on them.

No matter how frustrating the outrageous behaviour of an unruly tenant is misdemeanours that would test the patience of a saint, let alone that of a sorely tempted landlord. However, bypassing regular legal proceedings and taking direct and immediate action to protect one’s property is not the best solution.

For example, if despite numerous promises, a tenant fails to pay rent, it is possible it may cross the mind of a landlord to change the locks and throw his / her personal belongings out on the street. Or, in case the landlord is the person responsible for paying utility bills, he / she may simply not pay the bills, resulting in a utility shut-off; all in the hope the resultant lack of water, gas, or electricity will lead to the property being vacated.

Regardless, it is not in a landlord’s best interests to take matters into their own hands thinking their behaviour is excused by a tenant’s deplorable conduct. No matter, the tenant has not paid rent, has left the property damaged or in a garbage heap mess, perhaps indulged in verbal abuses, or acted scandalously, none of it will prove to be valid defence for you. It may well land you on the wrong end of a lawsuit for trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction. You can be certain, the defence for this lawsuit will cost a pretty penny, far more, than if you were to evict an unwanted tenant through legal court procedures.

If you are one of those landlords tempted to take the law into your own hands, in order to force or scare a troublesome tenant off your property, pay heed, just don’t do it! Taking legal shortcuts, such as, threats, intimidation, utility shut-offs, or attempts to physically remove a tenant are illegal and could prove to be dangerous. Even if, the eviction process often entails considerable expense and delay, it is the only legal way to get rid of an undesirable tenant.

Almost, every state forbids self-help evictions, as well as, imposing penalties for breaking the law. A locked-out tenant can sue for actual money losses i.e. the cost of temporary housing, the value of food spoiled in the refrigerator when the electricity was shut-off, or the cost of an electric heater when the gas was shut off. As well, they can also sue for penalties, such as several months rent. Certain states will even allow the tenant to collect and continue to remain on the premises; others only entitle tenants to monetary compensation.

The best advice for landlords is not to run the risk of serious legal entanglements. Avoid self-help evictions as you might invite false claims, with the tenant claiming lost possessions when they were removed from his / her rented accommodation. Far, far better to use a neutral law enforcement officer to enforce a judge’s eviction order.

However, landlords can avoid litigation issues by screening prospective tenants and employees, or by conducting background checks on them. Visit www.e-renter.com for tenant screening and background check services.

Landlords, while renting out their house or apartment to tenants enter into rental or legal agreements, leaving them open to face the possibility of potential legal issues and disputes arising out of such arrangements. In most cases, sooner or later the need for assistance from a competent landlord-tenant lawyer arises, and a good lawyer can be a true asset for landlords seeking to protect their legal rights.

You may well ask, what is the need for a lawyer? Well, a landlord may need help on anything relating to rental issues, right from help in reviewing or negotiating the terms of a lease or rental agreement. As well, if a landlord is facing the prospect of evicting a tenant, or filing an unlawful detainer suit, or has been accused of committing a fair housing violation, engaging an experienced landlord-tenant lawyer to work for you, can only help achieve success in your mission.

There e are many ways an experienced Landlord-Tenant Lawyer can help a beleaguered Landlord. If, a landlord is involved in a legal dispute with a tenant, or is concerned about his / her legal rights and obligations any time during a landlord-tenant association, the best thing is for him / her to speak with a competent lawyer, who has extensive experience in landlord-tenant law. He / she will evaluate the case according to current laws, ensue your legal rights are thoroughly and completely assessed, as well as, protected. Whether, one has to go to court for an eviction, or simply needs to ask how to properly word a water-tight rental agreement, a lawyer can lawyer can always explain the situation, including address your concerns.

In case, a lawsuit becomes necessary, whether you are a plaintiff or a defendant, a knowledgeable landlord-tenant or real estate lawyer can act on your behalf. Only he / she can research, review and understand legal documents, interview witnesses, collect records, confer with expert consultants, plan a legal strategy, and negotiate with tenants, tenant associations, insurers, and the opposing counsel to strengthen your position and obtain the best possible results.

While, it is always best to avoid expensive litigation, situations do arise with unsavoury tenants, who may cause extensive damage to your property or indulge in illegal or criminal activities. Rather than, be intimidated by their refusal to move out, a landlord who has with his / her rental property at stake, has no option but to get the law to work for him / her. It becomes vital to engage a lawyer specialised in and with experience in handling such kind of cases.

Eviction Process Overview

Before slapping a tenant with an eviction lawsuit, landlords and property managers must bear in mind, they can only do so after the tenancy has been terminated. Termination involves a written notice, specific in content and form that must be given to the tenant. If, the tenant does not do as requested i.e. either move or pay the rent or stop sub-letting or find a new home for the pet, then and then only, can a landlord file for eviction.

Most states have a set of laws entailing detailed requirements to end a tenancy. Different types of termination notices are needed for different situations, and each state has its own procedures regarding how termination notices and eviction papers must be written and served.

Termination Notices
Though, terminology may differ slightly from state to state, basically three types of termination notices are used by landlords to terminate unwanted tenancies:

• Pay Rent or Quit Notices are typically served when a tenant has not paid his / her rent. A tenant is given anywhere from 3 to 5-days to pay the rent or move (quit).
• Cure or Quit Notices are typically served when a tenant violates a lease term or condition, such as, a no-sub-letting or no-pets clause or a promise to refrain from making excessive noise. Usually, a set amount of time is given to the tenant to correct, or cure the violation, failing which he / she must move or face the possibility of an eviction lawsuit.
• Unconditional Quit Notices are the severest of the three. They order the tenant to vacate the premises without giving any chance to pay rent or correct a lease or rental agreement violation. However, in most states unconditional quit notices are allowed only when the tenant:
  • Repeatedly violates a significant lease or rental agreement clause,
  • Is habitually late in paying rent,
  • Seriously damages the premises, or
  • Engages in serious illegal activity on the premises e.g. drug dealing.

  However, in some states, landlords are permitted to use Unconditional Quit Notices for misdemeanours that would require Pay or Quit Notices or Cure or Quit Notices in other, more tenant-friendly states. Landlords may extend a second chance if they so wish, but the law of these strict states does not require them to do so.

As well, landlords can use 30-Day or 60-Day Notices to Vacate to end month-to-month tenancies, if a tenant errs. Cities with rent control laws, however, go beyond state laws, and require landlords to give legally recognised reasons for evictions i.e. just cause.

If, following receipt of notice, a tenant still does not leave or desist from violating a lease or rental agreement term, the landlord can serve him / her with a summons and complaint for eviction.

Rationalising the Rules
While, landlords may chafe at following the rigid details of the rules, most states insist on strict compliance. Typically, an eviction case is a fast legal procedure, over and done with, in just a few weeks. All that is required of a landlord is unwavering adherence to the rules. As well, since it involves the loss of a home for the tenant, legislators have been careful to provide rules to ensure a tenant gets adequate notice and an opportunity to respond.

Tenant Defences
If, a tenant decides to fight back, it could be weeks, even months before your property is vacated. Mistakes can be pointed out in the notice or the eviction complaint or improper service of notices, in an attempt to delay or dismiss the case. Therefore, landlords must comply with strict adherence to the rules, including ensuring habitability of the rental premises, since a tenant may use that point to shift attention away from his / her wrongdoing, diminishing a landlord’s chances for winning the lawsuit.

Tenant Removal
If, a landlord wins the eviction lawsuit, a judgment for possession of the property will be delivered, as well as, for unpaid rent. But, landlords are not allowed to physically throw a tenant or his / her personal belongings out, on the sidewalk.

Normally, a landlord must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee, part of the lawsuit costs paid by the tenant to the landlord. The sheriff or marshal, then issues a notice to the tenant that the officer will be back, within a specified number of days to physically remove the tenant and personal possessions, if he / she has not gone by then.