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Common Eviction Mistakes Landlords Make – Winston Rowe and Associates
When renting out a property you own, it is only natural to want to make the most money and incur the least expense by trying to evict tenants without an attorney.
By: Winston Rowe and Associates
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.
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.
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