Comprehending the concept of unlawful detainer is one of the more complicated aspects of owning Kannapolis rental properties. An unlawful detainer, by definition, is a tenant who would still stay in a rental property even after having no legal right to do so. When an unlawful detainer case has happened, rental property owners can use it as a legal basis to start the eviction process. Although, evicting a tenant based on unlawful detainer would need a court case, and in some instances, a jury trial. We’ll go over the following in the next sections: the basics of unlawful detainer, some examples of an unlawful detainer situation, and what to do when it happens.
A Legal Basis for Eviction
For many rental property owners, the idea of unlawful detainer will usually become applicable once you need to evict a tenant. Although unlawful detainer is not the only legal basis for eviction, it does present landlords with the opportunity to sue for a tenant’s removal. Evicting a tenant is always a sensitive situation, and there are particular rules and regulations in every state that must be diligently followed. When a tenant has possession of the property, a landlord cannot just kick them out for any reason. This involves violating the lease, not paying rent, or even if you cancel the lease. Before bringing your case to the appropriate local courts, it’s essential to thoroughly document the situation and properly comprehend your legal basis for eviction.
There are several times which unlawful detainer can be applicable. Keep reading and learn more about the three most common ones
Example 1: The tenant refuses to leave after the lease ends.
If a tenant does not move out even after the lease has expired, this is when you can use unlawful detainer to evict the tenant. Within legal bounds, you are not able to pressure a tenant to move out once their lease ends. Replacing the locks, calling the sheriff, or any illegal actions could end up with you being sued by your tenant instead. Instead, if you have a tenant who will not move out, you should document the case and file a petition with the local court. On your end, you must be able to provide the court documents to your tenants. From that point, you are required to follow the eviction process given by the court system to get a judge’s ruling before proceeding with the rest of the eviction process.
Example 2: The tenant stops paying rent.
In the event that a tenant stops paying their rent, this could be grounds to use unlawful detainer to evict that tenant. There are a lot of causes why a tenant does not pay rent, but this is a common occurrence. Some tenants may be waiting for their paychecks or they may simply forget. But if a tenant- despite your multiple requests and reminders- did not pay their rent, you may need to resort to eviction. Make sure to precisely follow any grace period stated in your lease and give your tenant one more chance to pay when that happens. Your petition may not be successful in court if you don’t do this.
Example 3: The tenant refuses to leave after the landlord terminates the lease.
If your tenant refuses to move out even after you have terminated your lease with them, an unlawful detainer may occur. There are a lot of reasons why a landlord may terminate a lease, whether due to the tenant violating one or more terms or for other reasons. If you have to terminate a lease, and your tenant will not move out, you can resort to the legal basis of unlawful detainer to petition the court and have them move out. More importantly, follow the legal process step by step and make sure to document everything. A circumstance of unlawful detainer is not an excuse to breach a tenant’s rights.
You will usually get a writ that gives your tenant one more chance to leave your rental property voluntarily, once you have the court’s judgment. This writ, in most states, is not directly delivered by you. Instead, it is given to your tenant by local law enforcement. With a judgment and a writ available, you can then ask the help of law enforcement to remove your tenant and get your property back.
Even though they are a usual part of owning rental property, evictions are a time-consuming legal process that can easily become a serious inconvenience. If you need assistance with a tenant who is in violating their lease or is refusing to leave, why not give Real Property Management Experts a call? Our professionals can help you get your property back as quickly as possible as well as carry out the eviction process legally and cautiously. To speak with a Kannapolis property manager, contact us online or call at 704-220-0110 today!
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