The more intricate detail of owning Alpharetta rental properties is taking into account the concept of an unlawful detainer. By definition, an unlawful detainer is a tenant who continues to live in a rental property despite having no legal right to do so. Suppose a case of an unlawful detainer has happened. In that case, rental property owners can then use it as a legal basis to start the eviction process. Still, evicting a tenant based on unlawful detainer would merit a court case and, sometimes, a jury trial. In the next sections, we’ll tackle the basics of lawful detainer as well as cite some instances of an unlawful detainer situation. We’ll also tell you what to do when it happens.
A Legal Basis for Eviction
For most rental property owners, the concept of unlawful detainer will only become real if there is a need to evict a tenant. However, unlawful detainer should not be the only legal basis for eviction. It does give landlords the right to sue for a tenant’s removal. Evicting a tenant, which is always a delicate situation, needs to carefully follow specific rules and regulations set in place in every state. Once a tenant has possession of the property, a landlord cannot easily, for any reason, ask them to leave. This involves not paying rent, violating the lease, or even if you cancel the lease. So prior to making your case to the appropriate local courts, it’s important to thoroughly document the situation and properly know your legal basis for eviction.
There are a bunch of situations in which unlawful detainer can be relevant. To learn more about the three top common ones, keep reading.
Example 1: The tenant refuses to leave after the lease ends.
A possible key reason you can use an unlawful detainer to evict a tenant is if the tenant does not agree to move out even after the lease has expired. You cannot, legally, force a tenant to move out once their lease ends. Replacing the locks, calling the sheriff, or any illegal actions could end up with you being sued by your tenant instead. What you can do instead, if you have a tenant who will not move out, is to document the situation and file a petition with the local court. On your end, you must make sure that the court documents are accessible to your tenants. From there, you will need to follow the eviction process provided by the court system to get a judge’s ruling before proceeding with the rest of the eviction process.
Example 2: The tenant stops paying rent.
Another usual reason to use unlawful detainer to evict a tenant is if they cease paying their rent. There are a lot of causes why a tenant does not pay rent, but this is a common occurrence. A few tenants may be waiting for paychecks or may simply forget. Still, if ever you have a tenant who refuses to pay their rent after you have given them reminders and requests, you may need to resort to eviction. When that happens, be sure to diligently follow any grace period stated in your lease and give your tenant one more opportunity to pay. If you boycott this, your petition may not be successful in court.
Example 3: The tenant refuses to leave after the landlord terminates the lease.
Unlawful detainer may occur if your tenant refuses to move out even after you have terminated your lease with them. There are several reasons why a landlord may terminate a lease, whether due to the tenant violating one or more terms or for other reasons. If you need to terminate a lease, and your tenant will not leave, you can then use the legal basis of unlawful detainer to plead to the court for them to move out. No matter what, be certain to document everything and follow the legal process step by step. Even a situation of unlawful detainer is not an alibi to breach a tenant’s rights.
When you get the judgment from the court, you will typically receive a writ that gives your tenant one more time to move out of your rental property voluntarily. This writ, in most states, is not directly delivered by you. Instead, it is given to your tenant by local law enforcement. You can then employ the aid of law enforcement to remove your tenant and regain possession of your property with a judgment and writ in hand.
Evictions are a time-consuming legal process that can rapidly become a serious situation. However, it is a common part of owning rental properties. Why not give Real Property Management North Point a call if you need any help with a tenant who has violated their lease or refuses to leave? Our professionals can assist you to achieve the eviction process safely and legally and get your property back as quickly as possible. To speak with an Alpharetta property manager, contact us online or call at 404-341-2102 today!
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