What Is An Eviction? (Tenants Perspective) {Continued}

Lease Violations

This is another common reason for eviction proceedings. Tenants should be very familiar with the provisions of their lease or tenant agreement and should adhere to them.

A common violation is when an agreement states no pets are allowed and the tenant gets a cat or dog (or they already had them but didn’t say anything). It is well within the rights of the landlord to require the tenant to remove the pet from the premises. Since many pets are like people’s babies, tenants should always know their lease restrictions in advance to avoid the heartbreak of either moving or giving away their beloved pet.

The Eviction Process

Landlords must follow the procedures and rules in the county and state where the property resides. Generally though the following must occur:

• Just cause must be shown in most states
• Informed in writing that your tenancy is being terminated
• Court action must be taken
• In order to be evicted, a court order must be issued

What Should a Tenant Do?

• Know the provisions of your lease.
• Document all interactions with the landlord.
• Get all agreements in writing.
• Always remain polite, calm, and professional
• Seek financial counseling if the reason for your eviction is lack of rent payments. Sometimes credit counseling agencies can negotiate favorable terms with the landlord.
• If a tenant is facing an eviction process, they should contact an experienced tenant rights attorney. The attorney will know the law in the locality and can assist in determining if the eviction is worth fighting.

Real estate law is complicated and can vary from state to state. It is important to speak with an eviction attorney who specializes in real estate law before making any hasty decisions. Whether you are a landlord or tenant, Whocanisue.com can help you find an experienced a real estate attorney in your area.