SIMPLIFIED TENANCY AND EVICTION PROCESSES

SIMPLIFIED TENANCY AND EVICTION PROCESSES

Eviction is the process of getting a tenant out of the rented house or mortgaged house. Eviction is only done on legal grounds and with appropriate reasons. Tenancy agreement states the beginning and end of the tenancy period, the do’s and don’ts entailing living in the houses and any other relevant information needed to be shared between the landlord and the tenants. There are different types of tenancy depending on the payment. These types include:

Month to month tenancy

It is periodic tenancy where tenancy agreement in renewed every month. In most cases, there is no written tenancy agreement and verbal agreement is done between the tenant and the landlord. Periodic tenancy only has a starting date with no termination date

Fixed term tenancy

The tenancy last for a defined period of time for example one year and should not be terminated earlier. Renewal of the agreement happens after the term expires. It gives tenancy security and dependable income to the involved parties.

Some of the reasons that might call for the landlords to issues Free Eviction Notice to the tenants include;

Delaying or refusal to pay rent

If the tenant withholds rent payment for a specific period of time or delays payment past the agreed time, the landlord can issue the tenant with the eviction notices or file for eviction of the tenants.

Violation of the tenants’ agreement guidelines

The tenant agreement form contains all the guidelines and standards to be followed and maintained by the tenants. For example there is the noise regulation guidelines, pets keeping and peaceful coexistence among the tenants. If a tenant violated any of these guidelines repetitively, it might call for eviction.

Personal reasons by the house owner

The land lord might have persona interest and reasons to vacate his tenants. This however should be justified and have a strong ground to issues the eviction notices.

There are different types on notices which can be offered to the tenants basing on the different reasons for vacation. These notices include:

Pay rent or Quit notices

These notices are issued to tenants who has issues with payment of mortgage fees or rent. They are given a three day pay or quit notice. Within this three days they should be able to clear all their outstanding balances or else legal action will be taken against them

Cure or Quit notices

These are given to the tenants who violate the tenancy agreement. The three day notice of cure or quit is given as a grace period to rectify you mistakes otherwise sued.

Unconditional quit notices

These has no grace period for rectifying your misdeeds. This is mostly issued to perpetual non payers of the required fees or rent or those who repeatedly violate the agreements. Within three days you should vacate the premises or else apprehended in a court of law.

Failure to adhere to the wants of the eviction notices issued, the landlords are there foe allowed to sue you to the court of law. The Unlawful Detainee suit is filed against you. It is said you are unlawful occupying someone else’s premises. With presentation of all the necessary information, the court of law can make a verdict of you vacating the promises within a fixed amount of time. However it is possible to fight the eviction lawsuit if you have the necessary information. There are different ways to pose a defense on the lawsuit staged against you. These include:

If the landlord attempted ‘self-help eviction’.

This includes withholding some services such as power supply and water supply in order to pressure the tenant to vacate the premises. This is unlawful and can be used against your landlord in the court of law.

Discrimination

Under the Fair Housing Act, the house owners should not vacate the tenants based on any discriminatory grounds such as race, religion, color or gender. In case of such an occurrence, the house owner should be sued.

Maintaining of the rental unit

It is the house owners responsibility to hold his end of the bargain if the tenancy agreement. Services such drainage, sanitation services among other should be maintained by the house owner. If not done enough evidence should be taken to court and this can be a reason to sue him.

With all these information, eviction should not be a cause of headache to the tenants no more.

Category Law