Common Eviction Mistakes Landlords Make – Winston Rowe and Associates

NEW YORK - Nov. 29, 2019 - PRLog -- Many real estate investors complicate their businesses by making these mistakes when evicting tenants.

Self-Help Eviction

Aside from the fact that self-help eviction is illegal and could expose you to civil liability to the tenant, even if the tenant is behind on rent), this conduct can actually be very dangerous.

If you are trying to remove a tenant from the property, the only legal way to do that is by filing an action for eviction in the courts and obtaining a proper court order. Even then, the order requiring the tenant to leave the property is usually delivered by law enforcement and, if the tenant refuses to leave, is also enforced by the police. The landlord should not be involved.

Inadequate Notice

The second biggest mistake in tenant evictions is failing to give proper notice. Most states have landlord-tenant laws that contain an actual form that should be used to notify a tenant that they must either pay or leave or you will file a lawsuit to evict them.

No Evidence

Finally, many landlords forget that even an eviction proceeding is adversarial in nature and requires the landlord to carry the burden of proving its case.

Not Hiring an Attorney

Most attorneys handling tenant evictions offer reduced rates given the usually very quick nature of these proceedings.

This article was developed by Winston Rowe and Associates a national consulting and advisory firm. They can be contacted at https://www.winstonrowe.com