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There comes a time when every landlord find themselves in a difficult position of having his rental property occupied by a tenant who is not paying rent, or is making a nuisance of himself and causing problems for other tenants, or is causing immense damage to the unit, or his / her conduct makes it impossible to continue with a landlord / tenant relationship. Though state laws governing eviction vary significantly, the following are a few tips to help landlords finding themselves in the unpleasantly messy situation of evicting a tenant.
As the owner of residential units, it will be to your advantage to engage a lawyer to advise you on eviction issues, as well as for handling legal actions. An established relationship with a lawyer is useful as he will carry out various legal tasks charging a flat fee only, whereas, hiring a lawyer on a case to case basis can lt in much more costly legal fees.
Evicting a Tenant for Non-payment of Rent
The eviction process involves serving a formal notice, informing the tenant the rent is overdue, and letting them know that they might face possible eviction if they do not pay on time. If a landlord is not knowledgeable about the legal terms of a notice, there are pre-printed forms which fulfill all legal requirements for a proper notice. In case the rent arrearage has not been paid after the legally defined period i.e. usually, about a week, a landlord can begin eviction proceedings on the basis of non-payment of rent.
Bear in mind, if the tenant makes a partial payment during the eviction process, in most jurisdictions the acceptance of any payment of rent, even a small amount, could result in dismissal of the eviction lawsuit for non-payment.
Lease Violation
When a tenant does not comply with the terms of the lease he / she signed, a landlord must provide a written warning, referring back to the lease clause being violated, and allow him / her time to fix the problem. This is so the tenant cannot later claim ignorance that he / she did not know, they were in violation of the lease, or they received no notice of the violation. The judge will be in favor of the landlord if it is has been established the tenant ignored a prior notice, as well as the deadline.
Health and Safety Issues
Certain tenants may pose a health or safety problem for other tenants or for the property in general. In many jurisdictions, it is permissible for the landlord to evict tenants whose conduct is hazardous to the health of other tenants or can damage any property. First of all, a landlord should serve the tenant with a fixed period of time notice (a week) to remedy the problem, or else move out. If no corrective action is taken, a landlord can go forward with the eviction proceedings.
Even if a tenant resolves the issue, but you still want him / her out, serve them a notice on eviction on health or safety grounds, as well as, a notice stating their tenancy is being terminated.
Bankruptcy
If a tenant files for bankruptcy, an automatic stay prevents a landlord from continuing with the eviction proceedings until the bankruptcy is resolved, or the bankruptcy court permits eviction proceedings to continue by lifting the stay. This may require a motion to be brought before the bankruptcy court, asking for the stay to be lifted.
Tenant Counter-Claims
When a landlord begins eviction proceedings, some tenant may bring counter-claims against the landlord, such as, inadequate maintenance of property or violation of the lease, and may ask the court to stop eviction proceedings or else for a substantial rent decrease in arrearage owed.
This is why it is good practice to keep written records of any complaints received from tenants about the rental unit or common areas, and steps taken by the landlord to resolve them, as also with warnings of tenant misconduct. Remember a landlord´s can preclude a tenant´s claim that despite repeatedly complaining about a problem with their unit, the landlord failed to respond with positive action, as long as the landlord has kept records of all interaction with the tenant and of the steps taken.
Trials
Before going to court, a landlord must make sure that all of his documentation in relation to the case is in order and that there is nothing missing. Unless a landlord is conversant with the rental laws of his state and has had enough experience in eviction cases, it is also advisable to engage a lawyer that is well versed in property law of the state a landlord´s rental property resides in.
The above should provide you with enough knowledge of what is required of you for a successful eviction.
All cancer patients shall receive continuous and regular life long follow-up. The pertinent tests to monitor for recurrence will be performed on time.
All cancer patients will have a lifelong opportunity to understand and know about their cancer. This includes the various diagnostic tests, treatment protocols and preventive measures.
All cancer patient should take part in their own pain management program and have full liberty that their complaints will be accepted as facts. The patient should have the right to persuade pain treatment protocols and also have the right to know about the limitations of pain management set by the insurance provider. The pain management programs start with the available medications including opiates but also merge invasive procedures of pain relief for example regional blocks. The potential for drug addiction shall not be used as single criteria to not continue narcotics. Before discontinuing pain medications, the reason(s) will be explained to the patient.
All cancer patients shall have the right to undertake unapproved alternative or complimentary cancer treatments and have their insurance providers pay for some or all the treatment costs.
It is very important that the cancer patients be treated as an equal partner of the oncology health care team from the time of the diagnosis or first consult.
Cancer patients shall take part in their own pain management and have the complete freedom to have their pain complaints be accepted as fact. The patient should have the right to potent pain treatment protocols, and have the right to know what limitations on pain management have been set by the insurance provider. Pain management should first start with available pain medications, including opiates but should also incorporate invasive pain relief procedures such as regional blocks or implantation of automatic anti-pain devices- as long as the procedures can be done safely. The potential for drug addiction shall not be used as the sole criteria to discontinue narcotics. Prior to discontinuing pain medications, the reason(s) will be explained to the patient.
Any licensed doctor practitioner who gives suggestion for narcotic medications to relieve pain shall not be disciplined or sanctioned even if death by sedation is a possible occurrence. However, the practice of euthanasia is not fortified. No physician shall partake directly in physician-assisted suicide which in essence is intentional administration of a potent narcotic drug at a deliberately lethal dose intended to speed the patient´s death.
Cancer patients shall have the right to obtain the best medical care. This is best provided by health care facilities who meet the standards defined by the JACHO and the Approvals Program of the Commission on Cancer of the American college of Surgeons.
Bio:
Nick Cifonie is the Host of Real Estate Investor TV, found at www.REI-TV.com . Visit us to get your FREE Real Estate Investing Training videos, CD\’s, audios, and more!
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