Landlords often find themselves in tricky situations when it comes to evicting a tenant. What may at first seem like the ideal tenant can sometimes not always end up being the case. In these situations there are ways to make going through with an eviction a less difficult process. It’s important to know the eviction process so that you can remove an unruly tenant from your property in a straightforward and efficient way. If landlords aren’t familiar with the eviction process, they could end up losing money and time trying to evict a tenant who is not following the rules. In this blog post, we will outline the steps you need to take before initiating eviction proceedings. We’ll also provide some helpful tips on what to do during the eviction process itself.
First, you need to establish a landlord-tenant relationship with your tenant. This is done by having a written lease and signed renewals. While this is not necessary, it is the ideal way to proceed. Having a written agreement in place will help to avoid any confusion or misunderstandings down the road. If you do not have a written agreement, you can still evict your tenant, but it may be more difficult.
Month to month and oral agreements are still binding, so you will still have a case, it just may be a bit more complicated when handling the eviction. Just be sure that you have all the proper documentation in case of an eviction proceeding and gather as much documentation as possible.
Secondly, landlords need to account for the security deposit they are holding for the tenant, it’s important to protect your property and ensure that you are following the law. One crucial step in making sure you are doing everything the correct way as a landlord is by holding a security deposit from your tenant. This deposit can be used for any damages beyond normal wear and tear that may occur during their tenancy. In order to hold onto the security deposit, landlords need to follow specific rules set forth by the state of New Jersey. The tenant’s security deposit needs to be held in a special security deposit trust account in the tenant’s name in your local bank.
This way, if eviction proceedings do take place, you will be able to easily access the security deposit funds in order to pay for any damages that may have occurred. If these rules are not followed, landlords can face penalties and may even lose the right to evict a tenant.
Third, landlords need to register their property as a rental property with the local municipality. Not all towns require this but it is better to be safe than sorry. Having your property registered with the town is important for many reasons, including for the purpose of eviction. These registrations usually require an inspection and/or a certificate of occupancy. If you are not familiar with the registration process, you can contact your local municipality for more information.
Fourth, landlords need to make sure they have the proper paperwork in order before starting eviction proceedings. This includes copies of the lease agreement, security deposit documentation, and any other relevant information. Having all of this paperwork prepared ahead of time will help to ensure a smooth eviction process.
Landlords should always consult with an attorney before initiating eviction proceedings if they feel unsure on how exactly to proceed with an eviction. Even if you think you know what you’re doing, it’s always best to get professional legal advice. An experienced attorney can help guide you through the eviction process and make sure that everything is done correctly.
Another helpful bit of advice for landlords is to keep detailed records of all communications with their tenants . This includes communications via email, text message, or phone call. By keeping track of all communications, landlords will have a paper trail in case any disputes or disagreements should arise.
Landlords should also remember to always be professional and courteous when dealing with eviction proceedings . Even if the tenant is being difficult, it’s important to stay calm and polite.
Landlords should never take eviction lightly . It’s a serious process that should only be used as a last resort. By following the tips listed above, landlords can minimize the chances of having issues when evicting a tenant.
If you are a landlord and are faced with eviction proceedings, please contact an experienced attorney for assistance. The attorneys at Ragan & Ragan are here to help!