Part of the more complex elements of owning Lathrup Village rental properties is understanding the concept of unlawful detainer. By definition, an unlawful detainer refers to a tenant who continues to live in a rental property even after having no legal right to do so. When a case of unlawful detainer has taken place, rental property owners can then use it as a legal basis to begin the eviction process. Though, evicting a tenant from unlawful detainer requires a court case and, in some cases, a jury trial. In subsequent paragraphs, we’ll go through the basics of lawful detainer and some examples of an unlawful detainer situation – and what to do when it transpires.
A Legal Basis for Eviction
For several rental property owners, the concept of unlawful detainer will oftentimes get to be relevant if you must evict a tenant. Even though unlawful detainer is not the only legal basis for eviction, it does provide landlords the legal method to use for a tenant’s removal. Evicting a tenant is in many cases a difficult situation, and there are specific rules and regulations in every state that must be carefully followed. If a tenant has possession of the property, a landlord cannot merely kick them out – for any grounds. This comprises violating the lease, not paying rent, or even if you cancel the lease. On the contrary, it’s vital to surely document the situation and understand your legal basis for eviction before making your case to the appropriate local courts.
There are various situations in which unlawful detainer can apply. Keep reading to have a clearer idea as regards the three most prevalent.
Example 1: The tenant refuses to leave after the lease ends.
Among the most typical grounds, you might use unlawful detainer to evict a tenant if the tenant refuses to move out even after the lease has expired. Legally, you cannot force a tenant to move out in the event that their lease ends. Changing the locks, calling the sheriff, or any other attempts to do so are illegal and could end up with you being sued by your tenant. In contrast, if you have a tenant who refuses to move out, you should document the situation and file a petition with the local court. You must furthermore be certain that your tenants are served with the court documents. In view of this, you will want to follow the eviction process laid out by the court system to get a judge’s ruling before progressing with the rest of the eviction process.
Example 2: The tenant stops paying rent.
Another usual reason to make use of unlawful detainer to evict a tenant is that they cease paying their rent. Nonpayment of rent is a usual occurrence and has countless different root causes. Several tenants may be waiting for paychecks or may simply forget. But definitely, if you have a tenant who has not paid their rent after multiple reminders and requests, you may need to resort to eviction. If that moment comes, make sure to follow any grace period set out in your lease, and offer your tenant one more chance to pay. If you don’t, your petition may not be accepted in court.
Example 3: The tenant refuses to leave after the landlord terminates the lease.
An unlawful detainer may result if your tenant refuses to move out even after you have terminated your lease with them. There are a lot of reasons why a landlord may terminate a lease, whether because of the tenant violating one or more terms or for other reasons. If you must terminate a lease, and your tenant refuses to leave, you can then apply the legal basis of unlawful detainer to petition the court to order them to move out. Irrespective of what, be certain to document everything and follow the legal process step by step. Even a circumstance of unlawful detainer is not an excuse to violate a tenant’s rights.
Once you have a judgment from the court, you will usually receive a writ that gives your tenant one more chance to move out of your rental property voluntarily. In several states, this writ is delivered to your tenant by local law enforcement, not by you directly. With a judgment and a writ in hand, you can then employ the assistance of law enforcement to remove your tenant and regain possession of your property.
Even though they are a rather common part of owning rental property, evictions are a time-consuming legal process that can hastily emerge to be a serious hassle. If you need serious help with a tenant who is in violation of their lease or refuses to leave, why not give Real Property Management Advantage a call? Our professionals can help you enact the eviction process safely and legally and get your property back in your possession as quickly as possible. To freely discuss with a Lathrup Village property manager, contact us online or call at 248-259-2575 today!
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
