Eviction: What to Do when Your Renter Fails to Pay

Leases Protect Both the Renter and the Landlord

Curtis Carper
At the point rental agreements have been ignored, landlord rights provide the ability to initiate the eviction process through an eviction attorney. The eviction process is not a quick and easy route to clear yourself of renters who are damaging your property or failing to pay their rent. Every jurisdiction has different laws and rules in place to protect both the landlord and the renter. The best course of action takes place at the point that a renter signs the rental agreement. It's a landlord's right to implement such measures as a security deposit and first and last month rents paid upfront. This is not to say that this is a requirement instituted by laws but if a landlord has the slightest doubt that they may at some point in time down the road have a problem, it's best to institute these protective measures.

In many northern states there are laws in place that prevent landlords from displacing renters who fail to pay in a timely manner during specified winter months. Many states also provide a lengthy list of criteria that must be met before a landlord has the right to evict a renter. In many places this can be interpreted as the cards being stacked against the landlord. To some degree this is very true.

Because of this it's imperative that landlords have qualified eviction attorneys available that are knowledgeable of all current requirements necessary to remove problem renters. There is usually a step by step process that must be followed closely. Including notifying renters on a specific time schedule as to what will be required for them to remain within the premises. If the landlord fails to follow the prescribed step by step process, including the filing of all necessary legal paperwork in the timeframe required, the whole process can go back to square one very rapidly.

Renters' rights are established to protect renters from being victims of unscrupulous landlords. Everything from extortion, having utilities cut off, or failing to repair unsafe or unhealthy issues within the Rental Property are the reasons behind laws that protect the renter from landlord abuse. Being threatened by a landlord that wants to turn you out into the streets in the dead of winter is the reason behind current renters' rights laws.

Being a landlord is a serious responsibility. There's more involved than collecting the monthly rent. Properly screening potential renters can greatly reduce potential eviction headaches. By collecting up front damage or cleaning deposits and requiring rent payments in advance, combined with the immediately initiating a well planned eviction process at the point the rental agreement is in default, the lengthy process of eviction can be kept as short as possible. This can greatly reduce the financial impact to the landlord. Renting property is a business and needs to be handled in a professional and businesslike manner.

Published by Curtis Carper

Semi-retired, part time want-a-be journalist who is thrilled to have developed a small but devoted following.  View profile

1 Comments

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  • Joshua McMorrow-Hernandez10/30/2008

    Landlording always struck me as a difficult job!

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