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Can you avoid a dispute during an eviction?

On Behalf of | May 22, 2020 | Real Estate Litigation

As a property owner, you may eventually face a landlord and tenant dispute. While no one wants to handle this type of dispute, it is common for property owners to have to deal with it. Odds are, you will have to eventually.

If you must evict a tenant, you need to ensure that you do so legally to avoid any tenant disputes, explains Forbes.

What is legal eviction?

When you decide to evict a tenant, you must ensure that it is legal. An illegal eviction includes changing the locks without notice, shutting off utilities or throwing the tenant’s personal belongings in the trash.

To perform a legal eviction, you must have a legal reason to evict said tenant. For instance, you can evict a tenant for failure to pay rent, for damage to the property, for threats or law-breaking behavior. If you do not perform a legal eviction then the tenant may have grounds to dispute the eviction. You cannot evict a tenant for minor disagreements, because of personality differences or any other annoyances.

What is the eviction process?

The eviction process is relatively standard. Once you have a legal reason to evict a tenant, you would notify said tenant about his or her eviction. The notice asks the tenant to fix the violation or to move out of the residence. It is crucial that the landlord do everything possible to notify the tenant. Once the eviction moves forward, you would file the violation with the court. Next, is the court heating and if the judge rules in your favor, then you will regain possession of your property.