Legal advice for landlords dealing with eviction
Understanding the eviction process and getting support from a landlord-tenant lawyer will reduce your stress and can make a difficult situation run smoothly.
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 lawyer can help you understand the law and the options that are available to you.
It’s now more important than ever to have the help of a landlord-tenant lawyer to make sure the eviction process is done correctly.
Eviction process issues & questions
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 a lawyer 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.
Access to powerful legal representation at a price you can afford
Formal eviction is normally the last step in the process a landlord must follow, which can include seeking a court order before they can have a tenant removed. If an eviction claim is filed in court, have evidence, documentation, and any witnesses ready for the hearing. This includes the lease agreement between you and the tenant, bounced checks or other evidence of breach of lease, records of communication between you and the tenant, and proof the tenant received your proper notice(s).
LegalShield members feel confident knowing they have access to legal aid to assist them in matters of landlord-tenant law under their membership. Beyond providing consultation and advice, when appropriate a provider lawyer can make a phone call or write a letter on behalf of your business to a tenant at no additional charge. They can review the lease or other business legal documents of up to 15 pages each.
Depending on the type of business and your state, you may be required to have a lawyer represent the business in court. If the business is the plaintiff, a Small Business Plan provides a preferred member discount of the provider lawyer’s standard corporate hourly rate. This can not only save you money on legal fees, but can lower your stress by having access to a provider lawyer.
Key features of our Small Business Legal Plans
LegalShield’s business plans can help you in the following areas:
Advice, consultation and research
Legal consultation from a provider lawyer on business legal matters, with legal research for each issue, if needed.
Letters or phone calls
Receive help with business legal matters more efficiently with professional communications issued on your behalf.
Document review
Put business-related legal documents through legal review.
Collection letters
A collection letter from a provider lawyer could help you recoup payments more efficiently.
How LegalShield works
Finding solutions to your legal issues doesn’t have to be stressful, complicated or expensive. LegalShield puts the power of legal representation within reach of any individual, family, or business. We work hard to make it easy, simple, and affordable to get the legal help you need, when you need it.
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