How to Navigate the Eviction Process in Your State
Every state, and in some cases counties or cities, has its own set of eviction laws, and some states may have an eviction moratorium, which helps keep a tenant in the property for the time being, even without paying rent. Your first step should be to understand the current policies and laws that impact your rights and options as a landlord specific to eviction proceedings, and the rights of the tenant as well. Federal, state and local laws can provide tenants with certain rights that can provide protection for a tenant if their landlord seeks to evict them. Federal eviction protections were put in place for 2020 and many were extended into 2021. Some states and cities have their own temporary eviction moratoriums.
Having access to an eviction attorney can help you understand the law and options that are available to you.
It is now more important than ever to have the help of a landlord-tenant attorney to make sure the eviction process is done correctly. Join LegalShield now and you can be on the phone with a provider law firm in as little as four business hours of membership approval for legal help.
Below are some additional issues and questions related to the eviction process.
Make sure you have a valid reason for an eviction (such as nonpayment of rent or violation of the terms of the lease).
Keep a record of all tenant/landlord communication and interactions throughout the tenancy, and before and during the process. (Written is always best!)
Have you given written notices in the proper manner, with an opportunity for the tenant to cure? For failure to pay rent or violation of the lease, the tenant should be given written notice with the amount of time allowed by law to cure the problem before the formal eviction process is undertaken.
Is the tenant eligible for eviction protection under an eviction moratorium? Have they taken the necessary steps to be eligible?
Are there other violations of the rental agreement beyond paying rent that may provide you additional options?
Property managers may want to talk to tenants to attempt to remedy the situation before starting a formal eviction process.
Landlords shouldn’t attempt to take the eviction process into their own hands by changing the locks or removing a tenant’s property.
If an eviction lawsuit is required, am I required to have an attorney represent the business in court?
How to remove the tenant from the property using local law enforcement, if the tenant does not vacate on their own.
How a LegalShield Small Business Plan Works for Eviction
All LegalShield Small Business plans come with valuable benefits and legal services. When it comes to getting through the eviction process, the most common plan usage is in two areas.
CONSULTATION AND ADVICE
You can speak with a provider attorney in your area to get legal advice about navigating the eviction process, the local laws you need to follow and the steps you should to take to protect your rental property.
You can submit any business legal documents up to 15 pages each and have a provider attorney review them and provide feedback. There is a max number of documents per month and year depending on the type of Small Business Plan. Preparation of documents is provided under the preferred member discount.
With a LegalShield Small Business Plan, you have the help of a provider attorney to make sure the eviction process is handled correctly AND you save a ton of money.
Key Features of Our Small Business Legal Plans
LegalShield’s business plans can help you in the following areas.
Legal consultation from a provider attorney on business legal matters, with legal research for each issue, if needed.
Receive help with business legal matters more efficiently with professional communications issued on your behalf.
Put business-related legal documents through legal review.
A collection letter from a provider attorney could help you recoup payments more efficiently.