How to Evict Deadbeat Tenants Legally

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How to Evict Deadbeat Tenants Legally By James Kobzeff

One of the biggest issues real estate investors face with rental income property concerns tenants. Naturally, you always hope you can fill your apartment or other investment property with good tenants that pay the rent on time and act in an orderly fashion, but this is not always the case. Unfortunately, there are times when you must evict the tenant. Before we look at three causes that enable legal evictions in most states, however, let's consider a list of unit conditions that may be considered the tenant's responsibility. Tenant Responsibility 1. Tenants should keep the unit clean and safe. A tenant should be expected to have some cleaning capabilities such as keeping kitchens and bathrooms cleaned, and removing all garbage they generate to the appropriate receptacles or designated location for city pickup. The idea is to make the tenant responsible to maintain clean living conditions in and around his or her rental property unit both, for cleanliness sake and to prevent infestations. 2. Tenants must use fixtures and appliances in the unit properly. Tenants are not permitted to abuse fixtures and appliances in the rental unit, must exercise reasonable care not to overload electrical outlets, and should not flush large objects down a toilet in the unit. 3. Tenants are responsible to fix or pay for damage they cause. As the controlling factor living in the rental unit, if the tenant creates a situation that affects the habitability of the rental unit, he or she can be held responsible. If a tenant puts a hole in a wall, severely stains the carpets, or breaks fixtures and appliances, for instance, he or she must arrange to either fix or pay to repair the damages. It's not a long list, granted, and you can certainly list more detailed tenant responsibilities in your lease or rental agreement. Understand, however, that an effort to hold a tenant responsible doesn't mean that it will hold up in court. As a rental property owner it's always best to become familiar with legislation in your area and understand what responsibilities you can and cannot shift to tenants. Okay, now let's look at three types of evictions recognized by most state laws.
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Legal Causes for Eviction 1. Nonpayment of Rent: Nonpayment, one of the most common types of eviction procedure, is when a landlord attempts to evict a tenant for not paying the rent. A lease or rental agreement will state the due date for rent payment, and some state laws extend the due date for a tenant to pay the rent by a certain amount of days referred to as the prescribed grace period. If the rent is paid in full within the legal grace period of these states, an eviction for nonpayment cannot be started; a landlord must wait until the legal grace period has lapsed to start an eviction. For instance, if the due date is on the first day of the month and the legal grace period is 10 days, the rent will not be due until eleventh day of the month and you cannot start the eviction until the twelfth of that month. In a nonpayment eviction, however, the rental owner should be aware that the tenant might try to show that the rental unit was sub par as a defense for not paying rent. 2. Lapse of Time: Lapse-of-time evictions are when a landlord evicts the tenant because that tenant's lease or rental agreement has expired. A lapse-of-time eviction can be done when a lease is in its final month, and is the type of eviction procedure commonly used by landlords who give month-to-month tenancies most commonly use this type of eviction procedure. A lapse-of-time eviction can be done without giving any other reason than the owner wants his or her unit back; the contract is terminated because of its expiration only. So it doesn't matter what condition the tenant claims the unit is in because the condition has no relevance to the expiration of the agreement. 3. Nuisance: Landlords have a right to evict tenants if the tenant has become a nuisance to the property as long as the agreement includes a nuisance clause. A nuisance could be someone who throws loud parties every night or who continuously disturbs the neighbors, resulting in police visits to the property. In this case, tenants have a right to use and occupy a rental unit in any way they want as long as it does not infringe on the quiet enjoyment of other tenants in the building or violate federal, state, and local laws. Real estate investors should bear in mind that when it comes to rental property ownership, most legislation holds the property owner responsible, not the tenant. The property owner is always the bottom line regarding problems that arise at the property. Again, it's highly recommended, that as a rental property owner, you become familiar with legislation in your area and understand what responsibilities you can and cannot shift to tenants. You can't afford to fill your rental income property with bad tenants, but at the same time, you don't want to get into trouble with the law either.

James Kobzeff is the developer of ProAPOD Real Estate Investment Software. Discover how to create cash flow, rate of return, and profitability analysis presentations in minutes at =>

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Miami Real Estate - 5 Steps of When to Evict By Hector Lesende

All landlords in the Miami real estate market must be able to know when and how to do an eviction. Being a landlord is today's market is a full time job. The landlord must follow all the rules and must act quickly for time is of the essence. A landlord must know when to evict. Allowing the tenant to live in the property rent free is unaffordable and devastating. Delaying an eviction and giving a bad tenant more time is a very costly mistake that should be avoided. The landlord must realize that when to evict is just as important as how to evict. Landlords must follow the 5 steps of when to evict so that a bad tenant is ejected. These are the 5 Steps of When to Evict in Miami real estate. Never allow the tenant to do the following: 1. Non-payment of rent - The landlord must evict immediately when the tenant does not pay the rent. The more you wait the worst it is later and the more money you lose. The landlord can not hesitate and must evict right away. The landlord can't waste any time and must give the three day notice before the 5th of the month. This will reduce the amount of time the tenant is in the premises without paying the rent. Tenants will use any excuse not to pay the rent and if allowed they will remain in the property for months rent free in the Miami real estate market. 2. Late payments - Evict a tenant if they continuously pay rent late and they refuse to pay a late fee. It is all right for a tenant to be late once in a while as long as a late fee is collected. If the tenant is constantly paying rent and near the end of the month is time to get another tenant in the Miami real estate market. The pattern of paying late is intolerable, time consuming and a waste of time and money for the landlord. The landlord must realize that an eviction is inevitable and it is better to do it sooner than later. 3. Withhold rent - When the tenant withholds the rent money until the landlord does repairs to the premises you must evict right away. Tenants will try to withhold rent until they get their way. Usually the excuse is that not all repairs have been completed. Tenants will take pictures of the repairs to be made. The landlord is obligated to do any repairs in order to get the tenant to pay the rent. This form of blackmail in the Miami real estate is not to be allowed. The tenant should not use withholding of rent as a tool for negotiating repairs. The tenant should not force the landlord to do unnecessary and arbitrary repairs. 4. Deduct rent - Evict when a tenant decides to deduct repairs from the monthly payments. The tenant must always pay full rent as agreed. Tenants will buy a brand new stainless steal refrigerator and then deduct form the rent. Tenant is not allowed to deduct any portion of the rent for repairs, improvements, appliances or any other reason. The rent in the Miami real estate market should be separated from the property repairs. Repairs must be approved and paid by the landlord at all times. The tenant should not decide which repairs are to be done and when to do them. The tenant can not make repairs first and then advice the landlord he/she will deduct the repairs from the rent. 5. Live the deposit - Start an eviction immediately when the tenant advises you that he/she is not paying rent and will live the deposit. Living the deposit is unacceptable and against the law. The

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problem is that the landlord does not know for sure if the tenant will in fact leave the premises when the deposit is gone. It is not unusual for the tenant to stay in the property and try to live subsequent months for free. Do not allow the tenant to live the deposit under any circumstances. The deposit is returned to the tenant in the Miami real estate market usually 15 days after the tenant leaves the premises and the landlord has an opportunity to inspect. The landlord will deduct from the security deposit any funds used to repair the property. The landlord must follow the five steps of when to evict in the Miami real estate market and take action immediately in order to avoid a potential nightmare. Don't keep a bad tenant in the property just so the place won't be vacant or just because it will be hard to rent. It is always better to rent the property to someone else who will pay the rent on time and take care of the property. Screening the tenant is an essential step in the renting process. Eliminating a bad tenant who is in the practice of, not paying the rent, making late payments without paying late fees, withholding rent until repairs or other demands are made, deducting the repairs from the rent, and living the deposit, is a must for today's landlords. Identifying bad tenants and eliminating potential problems is essential in order to succeed as a landlord in the competitive Miami real estate market. Hector Lesende is owner/licensed real estate broker in Miami, Florida. Please visit We will sell your home fast. We offer a Foreclosure List. Search Search

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