If you have starting renting a property or two and you are having a problem with getting the tenants to pay on time and you worry about the property, it's time to meet with a lawyer. There are specific tenant-landlord lawyers that deal with these types of complications daily and that can guide you legally.
Printing a landlord-tenant agreement off the Internet isn't always a practical solution, and understanding the laws and rights you have as a landlord can be confusing. Here are some of the things to go over with the lawyer as soon as you make an appointment for a consultation.
The lawyer will first look at the agreement that was made between all parties. This could be a legal document, or you may have had a verbal agreement. It may be more difficult to get the money from the tenant if you have only a verbal agreement and no documentation of the following:
- Amount for rent
- Responsibility of utilities
- Dates rent is due
- Late fees
- Grace period
- Deposit agreement
- Eviction requirements
Once the lawyer looks over the agreement, they will be able to discuss your options and can help you proceed with the eviction.
The tenant can have months to reside in the rental unit before they are evicted legally if you didn't have a clear-cut lease agreement or if the agreement was verbal. Your lawyer will file the eviction application with your local governing body and wait for the date where both parties will appear. This process will include:
- Letters of notice of delinquent payment and possible eviction being sent
- Eviction notices being posted
- Court papers being served
- Having a date set for court
- A judge making a decision on the case
The judge may allow you to pursue the eviction, but to get the back-rent and late payments, your lawyer may have to file these details with a debt collection agency.
There are a lot of different issues that can come when you didn't use a lawyer to set up the agreements for any rental property if you have a tenant that isn't paying the rent on time or at all. If this is happening to you, it's best that you find a landlord-tenant lawyer that deals with these cases regularly because they will be familiar with your situation and can get the case moving quickly.
To learn more, contact a landlord-tenant lawyer.