Dealing with Tenants Who Violate the Contract

contract-signed

Have you ever had an experience with unmanageable and difficult tenants; tenants who were rowdy, paid no heed to what you said and went on to violate the rental contract? Dealing with such sort of tenants can be extremely difficult, and there is no landlord who would ever want them in their apartments.

As a landlord, you will know that there are many tenants who fail to abide by the contract rules. You can use the best ever screening strategies, but there are instances when you do overlook things, and there lands a tenant in your apartment whom you would never have wanted. What is the best way to deal with these tenants? Should you convey to them they have violated the law or should you opt for court straight away and get caught up in the legalities?

Here are the steps through which you should proceed if a tenant violates the contract.

Warn the tenant while maintaining the thin line between sternness and harshness

You can be a good landlord only if you can distinguish and keep yourself at the thin line that exists between being strict and not sounding rude. When dealing with tenants who violate the law, this is actually the first step. Warn the tenants and make them aware that they are breaking the contact terms. The first time they do this, warn them without sounding harsh; the next time, be a little more firm.

If during this, your tenants present you any concerns, you should try to listen to them, and see if you can do anything about getting them resolved. Doing this might actually prevent them from breaking the law and you will be at ease once again.

Keep a detailed record

Even if your tenant is not paying any attention to your warnings, record every time he breaks a clause. You should do this in proper and formal sort of way, and clearly mention the day, time and details of the incident. Should you ever need to take the matter to a court, this would be of great help to you.

Request the tenant to vacate the property

Despite your repeated warnings, if a tenant still keeps on violating the contract, it is time that you send them a notice period and ask them to vacate the property after a certain number of days. Let the tenant know that you warned him previously and he still kept on acting against the rules. Make sure your notice clearly outlines every time he broke the clause; this is another reason why you should have a written record. While this may be a little problematic for you, give the notice to the tenant himself. Doing so will ensure he never makes the claim that he did not ever get the letter.

Before drafting the notice, go through other possible notices of eviction. This will give you a very good idea of the format and what the letter should contain. Write the letter such that it sounds professional and make sure it does not contain any discriminatory towards the tenant or discrepancies. Also clearly mention the grounds on which you are evicting him. As an example, if he has defaulted on his rent, clearly mention this and also the time from which this has been the case.

While your eviction notice has to be firm, according to the law, it must give the tenants enough time to search for another property. Moreover, after receiving the notice, the tenant might also be interested in setting things right. If this is the case, the law obliges you to cater to his request and give him time.

Generally, notice periods are based on a time period of seven or ten days.

Take the matter to the court

Once you send the tenant a notice, you should sit back and wait until that time period is over. If by the end of this, the tenant vacates the premises, the mater can be laid to rest, and there is nothing that you will have to do about it.

In case the tenant still remains on your property, hire a lawyer and take the matter to court.

At Fast Eviction Service, help on any of the issues discussed in this article is simply a click or phone call away. Email intake@fastevict.com or call our office at (800) 686-8686 to discuss your questions for a free evaluation of your case.

One of the basic aspects of a lease agreement is the length of the tenancy with the lease expiring once that period is over. However, there is more than one way that the lease agreement can end. A tenant can also break the lease by basically informing the landlord beforehand of their wish to leave the property before the agreed period. Read More...

In California, a landlord is required to send a "3-Day Notice" to the tenant before taking any legal action or proceed with the eviction. However, tenants often feel they have good reason to fight against the eviction in court to delay the eviction. The laws tend to favor the tenant unless the landlord follows the letter of the law and proceeds with the eviction legally to have the full force of the court ruling in favor of the landlord in an Unlawful Detainer lawsuit. Read More...

This post is filed under: Dealing With Bad Tenants