No matter how well you choose your tenants, there is always the possibility of ending up with one that gives you no choice but to expel him. If you have given him time to pay or repair the damage and you have already lost the hope of getting him to pay his debt, it is time to take measures to abandon the property. The laws to evict a tenant vary depending on the country and it is very important that you meet the requirements to the letter to obtain the results you want. Keep reading to find out how to determine if the eviction is necessary, send a notification, go to court and collect the payments that are pending.
Decide if you should expel a tenant
Determine if there is a just cause to expel him. Evicting a tenant is something that should be used as a last resort and there must be a just cause to do so. The fact of having a conflict with your tenant due to his personality or that you do not like for other reasons probably does not constitute a legal reason to expel him. However, if your tenant does not pay rent or carry out any illegal activity on the property, you may have valid legal grounds for eviction. The laws vary depending on the country where you live, so research the laws of your state to find out if the cause is just. In general, the following causes tend to be grounds for eviction:
- The tenant has not paid the rent.
- The tenant has violated the terms of the lease (such as having a dog even though the contract explicitly states that pets are not allowed).
- The tenant has caused serious damage to the property.
- The tenant engages in illegal activities, such as the sale of drugs, on the property.
- You want to evict the tenant for your own reasons and the laws of your jurisdiction give you the right to do so. In some places, the landlord can evict a tenant with a notice indicating a period of 30 to 60 days for reasons not related to the tenant’s behavior. For example, an owner probably needs to evict his tenants in case he wants to sell the building.
First try to reason with the tenant. You can get the result you are looking for without having to resort to eviction. In this case, the tenant will pay their debts or, otherwise, correct the situation without having to issue a formal notice. You can call the tenant or meet him in a public place to discuss the problem.
- Let the tenant know in a calm and clear way that if you do not fix the situation, you will have to take legal action to collect the debt.
- Do not threaten him or try to intimidate him. You could get into legal problems.
Find out about the laws of the place where you live. Depending on your place of residence, it is necessary that you investigate the laws concerning the rental of real estate and that encompass both the rights and obligations of the owners and tenants. You can conduct an online search of the laws of landlords and tenants in your country and review them carefully to learn the best method to evict a tenant.
- You can also go to the municipality or municipality of your community to learn more about these laws.
- Familiarizing yourself with the laws of your state will help you carry out the process, which can become very complicated. It is very important to follow each step correctly so that the tenant does not have the advantage.
Consider hiring a lawyer. Hire the services of a lawyer who can advise you when dealing with tenants, especially if you own more than one rental unit. Some attorneys will advise owners in exchange for a basic flat fee instead of charging them the full amount of legal representation each time they need your services. A lawyer can help you to follow the eviction process perfectly and obtain the desired result.
Make a new deed where you and your relative appear as co-owners with the right to survive. To enforce this type of regime, both must acquire equal shares at the same time.
- Preparing a new deed has an effect like a purchase of the property by you and your relative.
- A regime of pooled goods with the right of survival means that when one of the two owners dies, the other takes full ownership of the property.
- Keep in mind that, because you are going to give another person a share of your property, you will have to pay taxes on donation of assets in case that participation is worth more than US $ 10,000.
Complete the writing. Because the only thing you will change are the names that appear in the script, you could copy everything else from the oldest script.
Sign the deed Depending on the law of your state, you may have to sign the deed before a notary public or other witnesses.
- Since you and your relative will take possession of the property in this situation, both must sign the deed.
Record the writing. If you want to avoid a succession, you will have to register the deed or, otherwise, the joint property regime will not be public knowledge.
When they sue you, whether to demand an economic reparation or the return of some property, you can defend yourself in a civil court. When the plaintiff is the one who is really at fault, you have another legal solution: you can counter-claim. Counterclaim means filing a “counterclaim” against the plaintiff while your case against you has not yet been resolved.
Understand the counterclaim
Learn what the purpose of a counterclaim is. The counterclaim or counterclaim is a claim against who sued you in the beginning; in some states it is also known as a “cross-claim.” According to federal regulations, you could file a counterclaim for any claim, related to the same claim, that you had against the other party. the same event or action for which the opposing party sued you, you can counter-accusation, otherwise you would renounce your right to sue for this same cause in the future.
- For example, let’s say you crash your car and the other party decides to sue you. If you believe that the fault is, in fact, the plaintiff, you could file a counterclaim against him. You will not be able to sue for this same reason later.
- In the United States, the Federal Rules of Civil Procedure regulate counterclaims that are filed with the federal courts.
- If the lawsuit is filed in a state court, it is likely to be regulated by the state civil procedure rules of your state. However, most states have adopted standards very similar to the federal ones.
Understands when to file a counterclaim. According to the Federal Rules of Civil Procedure, you will usually have twenty-one days, counted from the date you receive the citation and the application, to present your response. Read the citation and the application carefully. Both the state and federal courts offer standardized forms of “answer to the lawsuit”, valid for the respective jurisdiction. Usually, these forms have spaces to present the counterclaim. If you can, present the counterclaim along with the answer to the complaint. If you need more time to respond, you could file a motion in court and request an extension of the deadline.
- For example, here you can find the instructions of the Federal Court of the Southern District of New York and the form of the state courts of California.
- Although many states are governed by federal regulations, it is not mandatory. Make sure you find out the deadline to answer a lawsuit in your state. If you do not file the response or counterclaim on time, they could hold the hearing, and perhaps sentence you unfavorably, in default.
- The court may grant you the motion for “just cause,” but this will be left to the discretion of the judge handling your case.
- To determine the validity of the counterclaims you want to raise against the plaintiff, your best option will be to hire a lawyer.
Only if the reasons for your claim arise later does he present the counterclaim after submitting the response. The counterclaim against your opponent can not arise or become evident after you have answered the claim. In that case, the court may allow you to file an additional brief stating that the counterclaim matured after the first brief was filed.