My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
If you are a property owner and you are at a point where you need to evict a tenant, you should consult an attorney, especially if this is your first time doing this. There are many steps involved, and they need to be done correctly. An attorney can help you understand the steps you should take as a landlord in the early process of eviction. The following are a few ways a landlord can make mistakes that will hurt their chances of evicting their tenant in a timely manner.
Your eviction notice is drafted wrong
Wherever you got your information on drafting an eviction notice resulted in one that will not hold up in court. Perhaps you used an obsolete book or you used information from another state that doesn't apply to the one you currently reside in. Whatever mistake you made can be corrected by an attorney before you deliver the notice to your tenant.
Your method of delivering the eviction notice is wrong
Perhaps you have a perfect notice to vacate letter that you used from a template found in a real estate book for your state. Although you think everything is perfect, you have failed to understand the proper procedure to deliver the notice. If you end up in court and the judge asks you how the notice was delivered, and this was not in accordance with the law, you will need to start the process over again. An attorney can explain the specific steps to take so the notice to vacate is delivered properly.
You failed to document your reason for eviction
Not paying the rent is straightforward, but there are other reasons for eviction, and this is where you need to document the reason for eviction. This is usually with the lease agreement. For example, you have certain people on the lease, but there are one or more people living in the house or apartment that are not supposed to be there. Although this is a legal reason to evict, you need to have evidence this is true.
If you want to evict your tenant for a legally justified reason, you should do it right. Most of the issues that hurt a landlord are related to procedural issues. If you make a mistake in the eviction process, and the tenant has had legal advice from a lawyer or tenant advocate, you may discover that you have hit a snag. When this happens, time is on the side of the tenant. By consulting an attorney first, you will understand each step to take and how to take it. Over time, you may become familiar with your state's laws, so you can handle the process yourself, but it is a mistake to do it the first time yourself without legal advice.
For more information, contact a firm like the Law Office of Steven Kurlander.