A lease is a legal contract between a landlord and a tenant that should clearly explain the responsibilities of both parties. The lease agreement should also explain common causes for eviction that might be different than what state law allows. According to Flex, the average rental rate rose 270% faster than wages over the past 10 years. With rental rates outpacing wage increases, it’s important to have the help of experienced landlord attorneys if you need to subject your tenant to an eviction.
Address Tenant Rights
Tenants have rights as described in respective lease agreements. They also have legal rights as codified by state law. Landlord attorneys can help you delicately address tenant rights during evictions. If you file an eviction proceeding, your attorney can help you explain the process completely to a tenant.
Ensure Eviction Notifications
State law outlines how an eviction must proceed, including filing a notification in a timely manner. As a landlord, you can’t simply change the locks and throw belongings outside or haul them away and charge your tenant. That would be a “self-help” eviction, which is illegal. Landlords must follow the correct procedures for notifying tenants. Tenants facing eviction have the right to due process, and landlord attorneys can make sure you follow all the necessary procedures, which is especially helpful when it’s your first time.
Help Enforce Leases
You might have a tenant who is not abiding by the lease agreement by refusing to pay, housing a pet, or having too many people living in the facility. You have the right to notify your tenant of these issues. If your tenant ignores them, you know it’s time to look into the eviction process. Local landlord attorneys can help you hold your tenants responsible when they refuse to fulfill their requirements per the lease.
Obtain the Right to Security Deposit
Most landlords require tenants to pay a deposit and pay the first month’s rent before occupying an apartment or another rented space. Security deposits might be thousands of dollars, and you don’t want to give that up if there’s anything wrong with your unit or home. The lease should explain how the deposit will be refunded and any costs that might be deducted from it. If your tenant violated any of the agreements to the returned security deposit, your lawyer can help enforce this rule.
Seek Damages When Applicable
When landlords initiate evictions, it could be because of abuse of the apartment or home, and there may be significant damages. According to People Clerk, you can sue a tenant for breaking the terms of a rental agreement. If you have found yourself with expensive damage from a former tenant, a lawyer can help you recoup some of these expenses by suing for damage. This might be necessary if the home has extensive fire damage, flooding damage, smoke damage, or other issues that require expensive repair or remodeling. Ask about your options when you speak with a lawyer today.
You can call The Law Office of Lawrence M. Centanni to schedule a consultation with one of our experienced landlord attorneys when facing an unlawful eviction or other problems with your landlord. Our team is here to protect your rights and help you navigate legal issues involving your landlord.