If you have received an eviction notice, you will not have to leave the property immediately. By law, you have two months to either fix the situation, or prepare to leave. After this time your landlord must obtain a court order. If you think you can appeal against the eviction, you have the right to do so, but it is advisable to seek advice from your local Citizens Advice Bureau as soon as possible.

A landlord can only legitimately repossess a property if:
The property has been damaged by the tenant. The tenant has missed more than 2 monthly (or 8 weekly) payments. You gained residence to the property illegitimately. A term of the tenancy agreement has been breached. The tenant fails to maintain the property. The landlord wishes to sell the property. The landlord has been declared bankrupt and the property is being repossessed. The property was once the owner’s home, and now wishes to make it their residence once more. The tenant dies. No rented property may be passed onto the tenants family. The property has been condemned or needs to be reconstructed.

Tenants are protected by the Eviction Act 1977 and landlords who fail to meet the terms of this act may be prosecuted. If you think that your landlord is acting illegally, it is vital that you seek advice from your local Citizens Advice Bureau, as illegally active landlords can face an unlimited fine and up to 2 years imprisonment.

Since February 1997, all tenancies in the private sector are now seen to be shorthold tenancies unless stated elsewhere in the agreement or by the landlord in a written notice.

A tenancy can not be shorthold if:
The tenancy it is managed by a company or is a holiday. It began before 15 January, 1989. The landlord shares the premises or lives with you. Either a very high rent, very low rent or no rent is charged.

By: Edward Smith

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Get a Mortgage

The process of taking a home through foreclosure, from beginning to end, is extremely different in every state. Depending on where a property is located, different types of foreclosure will be pursued, different terms will be used to describe a foreclosure auction, homeowners may receive many notices of the process or very few, and the time frames will range from a few months to over a year. One of the few relative constants in all of this, though, is the eviction process that is used after foreclosure to remove the homeowners from their property.

The eviction process usually lasts about 2-4 weeks, in most cases. It is a straight-forward legal mechanism where the new owner (usually the foreclosing bank) will prove that they now own the property and wish to take possession of it and remove any people and personal items still remaining. The bank will file a motion with the court asking that the sheriff be ordered to evict the former homeowners and their belongings. The bank will usually have no problem proving to the court that they now own the house, as the agents of the court ordered the granting of the foreclosure judgment, scheduled the sheriff sale, and signed off that the foreclosure auction was valid.

Once the order goes to the county sheriff, it can take just a few weeks for the sheriff to give the homeowners notice of the pending eviction and then they will show up a few days later to remove the people and property and change the locks. At this point, the homeowners should have moved out already, because it will be almost impossible to get more time to stay in the house, especially after missing numerous mortgage payments, working through various methods to stop foreclosure, and then enduring a lengthy foreclosure process. So the actual eviction process is relatively straight-forward with few possible outcomes, compared to all that goes on before it.

However, when this process starts at all varies widely by state. One of the first steps that homeowners should take in trying to save their homes is to look up their state foreclosure laws to find out if they have a redemption period either before or after the sheriff sale. Some states give them extra time to remain in the property after the auction, when the bank can not start the eviction process. This is a redemption period and it can not be denied to the homeowners by the bank or the court system, as it is guaranteed under state law. But the state law will also provide the time frame in which the homeowners will eventually find themselves put into the foreclosure process, and they should have a final plan for how to avoid this and get out of the house before being kicked out.

Some states grant foreclosure victims a 10 day redemption period, others have 6 months, and some even have a year after the sheriff sale that the homeowners can use to remain in the house and attempt to pay off the redemption amount. During all that time, the bank can not try to evict them by force, although they may offer a cash for keys deal or otherwise attempt to persuade the homeowners to leave the house prematurely. In this case, the bank may be able to take over the house early, to protect it from vandalism or damage. But, they can only start the eviction process once the redemption period has ended, regardless of whether or not the homeowners have some workable solution that would stop foreclosure in the end.

So the best way for homeowners to find out how much time they have before being evicted is to look up their state foreclosure laws to find out how much time the entire foreclosure process will take. Otherwise, there is a very real possibility that they might move out too soon or find out about the eviction too late. If they move out too soon, they will lose valuable time to save money for an emergency fund and repair your credit. If they do not hear about the eviction until a few days before the sheriff shows up to remove them, then they may not have anywhere to go. Either possibility should be avoided, if at all possible, and homeowners can protect against either with the right information.

By: Nick Adama

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Spa Resorts

Having to face the inevitability of moving out after facing foreclosure can be one of the most disappointing and nerve-wracking experiences for homeowners. Especially in states where the time to leave the property is very short, there is a real possibility that foreclosure victims may feel as though they will not have enough time to leave their house before the sheriff shows up to evict them. But the eviction process is entirely set by state law and the courts, and homeowners can receive more time to move out, if necessary.

The actual time frame to eviction will depend on the state foreclosure laws to determine how soon the new owner can start the eviction process. If the laws allow for a redemption period after the sheriff sale, then the homeowners are guaranteed some extra time (from a few days to a year) to stay in the house under state law and not worry about eviction. They can use this time to save money for a security deposit on a new rental, pay down other debt, or find a way to save the current home by paying the redemption amount.

But if the state has no redemption period after the auction, then the eviction process will usually take about 2-4 weeks from the date of the sheriff sale. The high bidder at auction will have to have the sale confirmed with the court, which can take a few days to more than a week. Then, the owner requests that the court order the sheriff to conduct the eviction, which can take another week or two. Finally, the sheriff will schedule the eviction, give the foreclosure victims notice of the coming date, and then remove all of the people and personal items a few days later. This entire process can take as little as two weeks or as long as a couple of months, depending on the speed with which the new owner and government act in concert.

After the eviction is conducted by the county sheriff, the personal property is usually just put in the front lawn, or moved to a county warehouse and put in storage never to be seen again. Good luck getting it back, either way, as it will be almost impossible to regain the personal items. The most likely possibilities that will happen is that neighbors or members of the community will take whatever they want from the pile of items sitting in the front lawn, or the items will go into storage, never to be seen again and no bureaucrat will be able to track them down, despite numerous requests from the former homeowners. Even suing the county to get the property back will usually not work, as the former owners will have to sue the county in county court, where a hearing will be conducted before a county judge.

The best way to avoid either of these scenarios is for the homeowners to move out before the eviction, or request more time to stay in the property. They should call the sheriff’s office or the new owner before the eviction is scheduled and ask for a extra few days to move everything out. The government and new owner can usually hold off on the eviction if the foreclosure victims are in the process of moving, as long as they are not asking for an extra month or longer to live there rent-free. It is easier to give the former owners a few extra days to move out all of their personal items and give up possession of the property peacefully. Otherwise, homes have been known to be severely damaged by foreclosure victims, with stoves and furnaces removed, copper piping sold, or windows broken and doors removed.

In any case, though, the new owner would not be able to charge homeowners a fine directly for moving their old stuff out of the house. We have occasionally witnessed new third-party owners attempting to charge rent or moving expenses to the former homeowners, despite redemption periods or the legal eviction process. But removing all of the people and property from a foreclosed house is the responsibility of the county sheriffs department, which is the one actually evicting the homeowners. They already get paid through property taxes to deal with evictions. Likewise, they would not be able to charge a driver more just because it was a lot of work pulling him over to give him a speeding ticket — they need some justification for charging more, and “too much heavy lifting” isn’t good enough to add more fees on top of the eviction process.

For many former homeowners, finally moving out of a house may feel like admitting a humiliating defeat to the world. Especially if they are forced to move into a smaller house, apartment, or in with family and friends for a while. But getting out of a bad situation with a mortgage company and leaving an expensive house can actually be much more liberating than staying. The lender may not have wanted to work with the owners, and the mortgage may have been tens of thousands of dollars more than the property was worth with an astronomical interest rate. Getting a fresh start and moving on from such a situation can often help homeowners learn some of the most important lessons about credit and living within their means from now on.

By: Nick Adama

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A Landlord’s Vanishing Tenant

The event of a tenant suddenly disappearing is unfortunately not an uncommon incident for landlords. It will normally occur when a tenant is having financial or personal problems and for many landlords the initial feeling is that of relief. However, the relief experienced by a landlord at this apparent sudden resolution to what might have appeared to be the prospect of a long and drawn out court battle to repossess their residential investment property can be short lived.

Legal grey area for landlords

This is because what beckons is the prospect of the landlord entering into the strange twilight world known legally as abandonment. Abandonment is where the tenant to all intensive purposes has appeared to relinquish their tenancy and decided to have taken the option to ‘cut and run’.

However, even if you as a landlord suspect that the tenant who may be heavily in arrears has returned to their country of origin half way around the world. The fact remains that the tenant in the eyes of the law is still the tenant and thereby retains all legal rights attached to the tenancy. A tenancy can only be bought to an end by the landlord obtaining a Court order for possession or by a surrender or similar act by the tenant. So what are your options as a landlord?

A landlord’s options

The safest option for any landlord who has tenants that have disappeared is to follow the legal procedure for obtaining a possession order.

The drawback for a landlord of going down this route is that it potentially involves the considerable expense of a landlord employing a solicitor. Even if the landlord opts to do the legal work themselves, they still incur the costs of the court fees. The other problem is that the process of obtaining a possession order is extremely slow. It will take at least several months and possibly longer to obtain. A landlord therefore faces the prospect of having to continue to pay the mortgage even whilst their buy-to-let property is empty. This negative cash-flow situation is likely to come on top of a period when they may not have received rent for several months already. The landlord therefore may be tempted to take a risk on the fact that abandonment has taken place and that the tenant will not return. In this scenario what should a landlord do to ensure they have a credible claim that abandonment has occurred?

PROPERTY HAWK WARNING

There have been a number of cases where so called professional landlords have faked abandonment to deliberately entice or entrap a landlord into carrying out of what the courts will interpret as unlawful eviction.

Abandonment

What circumstances may constitute tenant abandonment?

In order for a landlord to substantiate a claim for abandonment important defining factors are:

Has the tenant stopped paying rent?
Is the property empty of the tenant’s possessions?
Has the tenant left the keys to the residential investment property?
Has the landlord attempted or been able to contact the tenant or a relative?
Do neighbours have any knowledge of the tenant’s circumstances?
Can the landlord see through the windows of the residential investment property and are they able to see if the tenant’s possessions are still in the accommodation?

These points all help to indicate abandonment. It is important for a landlord to remember that there are no legal rights attached to abandonment so what a landlord must seek to ensure is that they would be able to prove to a court in the unlikely event that a tenant returns, that they took every step possible to safeguard the rights of the tenant. This may then be accepted as a defence by a Jury should an unlawful eviction case be bought by the tenant. Therefore, if a landlord can prove that their residential investment property had been left in an insecure state; or that the landlord suspects internal appliances could present a danger to the property and/or neighbours. If all these circumstances prevail, then a landlord has a case for entering their residential investment property and possibly fitting a new secure lock. Where a landlord assumes abandonment and takes possession, the landlord should also leave a clear notice on the door informing the tenant that the lock has been changed and that if the tenant requires access they must contact the landlord at the address supplied to obtain a replacement key.

To sum up…..

The law is clear; a tenancy can only be bought to an end by a possession order or surrender of the tenancy by the tenant. Taking back a residential investment property by claiming abandonment is a risky option. Should a landlord decide to do it then by following the steps outlined the landlord will put themselves in the best position of being able to defend them self should the tenant make a dramatic reappearance and subsequently make a claim for unlawful eviction.

By: Chris Horne

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Webhosting for SEO

Learn the structure of writing a good Direct Response letter and you are well on your way to building your “list” and selling your products and services. There is some debate as to whether this is a Craft or a Science and this is something we can leave up to the experts, but for our purposes, what matters is that there are important ingredients that must be present in order to write a good Sales letter.

Like any good process there is a Principle. This one has a name and her name is AIDA.

AIDA stands for:

Attention, Interest, Desire, Action.

The first element of a great sales letter is to capture the attention of the reader. This is done in the Headline or title. This one piece of the letter is so important that you can actually purchase headlines or “swipe files” as they are known. If you can arouse curiosity and get the customer to read some more, then the headline has done its job.

Next is the element of Interest. The interest is written into the body of the letter using appropriate copy. Copy is just the text or words that you choose to use. The interest is generally attained by using case studies, examples, history and testimonials, in other words using persuasion by showing proof.

Desire is achieved by showing the BENEFITS of your product or service and what it can do for the customer.

Lastly is Action- this is where there is a call to Action. This is where you ask your reader to give their name or join or purchase the product or service.

There are three more elements that are known to be successful as well.

One is the Post Script or P.S. This has sometimes been so successful that a 30 or 40% conversion rate has been attributed to this element alone.

The Guarantee — this is not necessary, however, if you can take away any reason that a customer shouldn’t do business with you, it can’t hurt.

There is one more element that you can add and it is called Inducement. This is an ‘offer you can’t refuse’ kind of offer. It may be that if they sign up right now they will receive something of value and it is usually time sensitive in nature.

There are also ways of tracking to see where in the letter you have captured your target. This can be done using tracking devices. You can get these from http://www.Hotscripts.com or any link tracking on google.

Why not start with these ingredients, tweak it over time and most of all, write from your heart.

By: Frankie Picasso

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Sewing

The opening of Sex and the City basically said it all. New York City is that place where many go to fulfill dreams and aspirations. But if your dream involves a beautiful, spacious apartment with a picturesque view of the Big Apple being rented out at reasonable rates, be prepared for a jolt back to reality. Many people come to NYC unprepared for the realities of finding (and renting) a New York City apartment.

Reality 1: They’re Scarce

If you’re only going to begin looking for an apartment in the Big Apple now, get yourself a very comfortable pair of walking shoes. You’ll be walking all the way up and down NYC looking for a place to rent. In one of the most popular and populous cities on the planet, living spaces are unsurprisingly hard to find. Locating one that’s vacant is challenging enough, let alone finding one that’s actually worth your rent money.

Before heading out to the streets, it’s a good idea to look at classified ads first, such as in the newspapers or on websites like Craig List. List down potential places that you want to visit, and then plot them out on a map of the city so that you’ll only need to make the rounds once. It’s a big place, New York, so you’ll be doing yourself a favor when you minimize the unnecessary wandering and walking around.

Reality 2: They’re Expensive

Just like Sex and the City’s Manhattanite Carrie Bradshaw once said, “Finding love is like finding a rent-controlled apartment with a view overlooking the Park.” She wasn’t exaggerating by very much. Even after you’ve tracked down two or three places you might consider renting, you’ve also got to deal with the issue of how much you’ll be renting those places for.

Numerous sources agree that New York – Manhattan, in particular – has one of the craziest real estate markets around. Consider this: a simple studio-type place in the Village goes for about $2,200 per month. And that’s the low to average end of the spectrum. Rates go higher as you approach Manhattan, and the presence of a doorman always jacks up the prices considerably.

When you go hunting for New York City apartments, always be aware of the kind of price ranges to expect. That should keep you from bordering on heart attack every time a landlord or realtor shows you a new place. It’ll also make it easier for you to recognize a reasonable or even a cheap offer once you see it. And when reasonable offers pop up for an apartment in New York, you should take it, period.

Reality 3: They Go Quick

Once you get a price quotation from an agent that you think is fairly reasonable, don’t expect that offer to still be standing in a couple of weeks. The real estate market in New York is nothing short of fierce, and the turnover rate is rapid. Remember, you’re not the only one looking for an apartment. Students, employees, yuppies and all other kinds of are jostling for a New York City apartment. And the one they get could’ve been yours.

Looking for a New York City Apartments is already an experience in itself. Do take the time and effort to read up and inform yourself about what you should expect.

By: Daisy Wilson

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Bunk Beds

Landlords guide to eviction process aimed at the people who want that their tenants should move out of the property. For removing the tenants from the property, landlords have to take the help of eviction process. With the help of this process also known as Summary Proceedings, the lawful owner of the property gets the possession very quickly.

Many Steps Involved in Eviction Process:

There are several steps described in the overall landlords guide to eviction process. It begins with the landlord issuing an eviction notice. After the notice, series of court appearances and trial takes place. The chances of your success depend much on how better you present your arguments prove your case. You may get and order of eviction if you succeed in satisfying the magistrate. After the issuance of this order, it is the responsibility of court officer to vacate the rental property by removing the tenant and his belongings. However, in most of the cases much before the stage of physically evacuating arrives, landlords and tenants agree on a settlement. Nevertheless, if required landlords should never try to physically evacuate the person.

When You Can Start Eviction process:

According to the landlords guide to eviction process there are nine reasons because of which one can start eviction process. Here is the list of these reasons:

1. Not paying the amount of rent.

2. Continuously damaging the property.

3. Any severe health hazard.

4. Involvement in any kind of illegal drug activities.

5. Violating any of the terms of the lease.

6. Unauthorized entry such as forceful entry.

7. Not moving out even after expiry of lease term.

How to Tackle More Than One Tenant:

A very common question is that is it possible to remove a tenant who is paying partial rent, just because his roommate has left and not making full payments. Landlords guide to eviction process tells that yes, you can, because getting full amount of rent is your right. You must include a “joint and several liability” clause in the agreement that give the right to the landlord of collecting full amount of rent from any of the tenants. In addition, in case of non-payment of rent or violation of any other term, this clause also gives the right to landlord that he can force any or all of the tenants to move out.

How Much Time before Issuing Notice:

However, landlord has to wait for a definite time for each reason because of he want the tenant to move out of the property. Depending upon the reason, this period may be one day, one week or one month.

By: Alexander Gordon

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Probate Lawyer

A foreclosure is a process when the lender has legal rights’ to the property in default and sells it to recover the amount owed on the loan. With recent attention to foreclosures, lenders will proceed with the foreclosure process in specific ways and time. Usually depending what is stated in the loan, the mortgage contract will tell you how many payments you can miss before a Notice of Default is filed. Each states’ foreclosure law differs so here is a general time line of the process.

Missed Payment- usually the mortgage payment is due the first of the month. A late fee is assessed after the 15th day of the month. Demand Letter- after the 60 days of missed payments a demand letter is sent to the homeowner in attempts to collect and giving them 30 days to resolve the delinquent amount. Notice of Default- after 90 days of missed payment, the loan is transferred to the foreclosure department. The notice of default is then recorded with the county the property is located in and mailed out to the homeowner within ten days the default is recorded. The homeowner is given 90 days from the recorded date to resolve the default. Notice of Sale- if after 90 days from the recorded date, the default is not resolved then a notice of sale will be recorded. This notice states that the lender will sell the property in 21 days. The copy of the notice will be sent to the homeowner, posted in the county paper for three consecutive weeks and at the county courthouse. Trustee Sale- after 21 to 25 days of the notice of sale, the property is sold at a foreclosure sale or auction. REO- when a property is not sold at auction, then the lender lists the property with an REO broker. Eviction- if the property is sold to the highest bidder, then the eviction process starts for the foreclosed owners.

Some states’ have a redemption period, which allows the homeowner time after a sale, to try to keep the home. There are a couple of ways to try to keep the home in their name. They can try to sell, refinance, or try to pay off the loan some how. After the end of the redemption period, the eviction process will start a couple of weeks after.

By: Kayla Hoang

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This is a common question … most landlords are intimidated by the thought of going to court, and often look for ways to avoid it. Many landlords considering hiring me to assist them with a non-paying tenant want to know if we can save time and money by cancelling the whole eviction when the tenant either 1) voluntarily moves, or 2) voluntarily pays the past due rent. My advice? NO!

THE TENANT MOVES OUT

When filing an eviction because the tenant has failed to pay rent you’re seeking a number of things, first you’re asking the court to terminate the lease and return possession of the property back to you. Second, you ask the court to grant a judgment for all of the past due rent, as well as any rent accruing during the time the court case is pending. If you dismiss the case after the tenant voluntarily moves you take away the court’s ability to grant you a judgment for the past due rent! While a judgment is not a guarantee that you will ever receive the money, not receiving a judgment virtually guarantees that you will never receive the money! The courts in metro-Atlanta, in my experience, will generally grant you all of the past due rent, late fees up to 10% of the monthly rent, and court costs without hesitation. While no one can guarantee you’ll ever receive any or all of that money, getting the judgment is a necessary first step.

Another problem is claims of unlawful, or illegal eviction. Should the tenant move out, taking most (but not all) of his belongings you might be tempted to assume he is gone for good. You’re likely to enter the property, remove the few things left behind, change the locks and put up a for rent sign. Unfortunately, should the tenant later return, you would be guilty of an unlawful eviction, liable for the cost of any items you discarded, and potentially liable to the tenant for punitive damages. Unless the tenant has removed ALL of his personal property and returned the keys, you CANNOT assume he doesn’t intend to return!

THE TENANT OFFERS TO PAY

The second issue is what to do if the tenant offers to pay? First, you should know that Georgia law requires that you accept the rent if the tenant offers to pay all of the past due rent AND court costs within 7 days of the sheriff serving him the eviction papers. The landlord is only required, however, to do this once in any 12 month period from any one tenant. If the tenant offers to pay AFTER the answer is due or filed, you are not required to accept it, but you can if you choose to.

If you choose to accept that rent I advise that you do so under the terms of a CONSENT JUDGMENT, which puts in writing that you’re accepting the rent, and that the tenant agrees to pay all future rent on or before the first of each month and that any violation of this agreement entitles the landlord to seek an immediate writ without need for further court action. This will allow you to skip the lengthy eviction process, and the cost of another filing fee, should the tenant fail to pay the rent on time during the remaining term of his tenancy.

By: Trey Phillips

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Teen Children

WHY YOU MUST FILE AN EVICTION PROCEEDING IN COURT

I often hear from landlords who want to “immediately” remove a tenant from their property for non-payment of rent. Often the landlord has been exceedingly patient, having received no rent for weeks, even months. Sometimes the landlord was patient because the tenant lost a job, or a family member passed away. Other times the landlord was patient because the tenant had medical bills that were unforeseen. In every case, the landlord feels hurt, angry, and taken advantage of. The only reward the landlord receives for their kindness is having to pay the mortgage on the rental property without receiving any rent!

While I can sympathize with the anger and frustration in this situation (I own rental property too) I must warn you, if you don’t follow the law regarding evictions, not only will you not collect your past due rent, but you might also be writing a check to the tenant and/or a good lawyer to get you out of trouble! The following are only a few examples of unlawful evictions according to the Courts in Georgia. 1) Removing the tenant’s personal property and placing it upon the street, unless this is done under the supervision of the sheriff, acting under a court ordered writ. 2) Changing the locks to prevent the tenant from having access to the premises.

While the two examples above may be very obvious, there are other things a landlord can do which, if done, would violate the law. One landlord asked me if it was alright to enter upon the premises to remove all the appliances in the house. Another landlord asked me if it was okay to remove the front door from the house. Yet another landlord asked me if it was okay to have the utilities disconnected because the tenant had failed to pay for the utilities that were in the landlord’s name. My advice is NO, NO, and NO! If you try any of these actions you could very well end up, not only having to keep the tenant instead of evicting them, but also paying punitive damages for your intentional interference with the tenants right of possession outside of the court process. (See especially Albert Properties, Inc. v. Watkins, 143 Ga.App. 184 (1977).

Landlords who have violated the rules have attempted to “explain away” their actions by stating that the tenant “violated the rules first” by not paying rent, or some other breach of the lease. While it may make you feel good, blaming the tenant for causing your unlawful actions will not work.

“It is fundamental that the landlord cannot evict as and how it pleases and in the process damage or lose the tenant’s personal property and then obviate its negligence by proving the tenant had violated the lease terms (the grounds for eviction), for then there would be no such thing as a cause of action for unlawful eviction.” Kerlin v. Lane Co., 165 Ga.App. 622 (1983).

The courts have even held that a landlord that authorizes or acts in a way which intimidates the tenants into “voluntarily” leaving, even though the landlord did nothing to physically interfere with the tenant’s possession, are subject to paying damages to the tenant. (See Sinclair Refining Co. v. Stovall, 41 Ga.App. 214 (1930).)

WHY YOU MUST MOVE FORWARD WITH EVICTION, EVEN IF THE TENANT LEAVES

Many landlords ask me if it is okay to stop the proceeding once the tenant has “abandoned” the property. There are several reasons why I advise landlords to move forward. First, unless you move forward you will not be able to obtain a money judgment against the tenant. Second, and perhaps more importantly (especially if you believe it will be impossible to collect a money judgment against the tenant), there is a possibility that the tenant could come back and claim you unlawfully evicted them!

Suppose you file the paperwork with the Court. The sheriff goes out to the property and serves the tenants with the proper paperwork. The tenants do not respond to the court paperwork but instead, apparently move out of the property. Assuming that they did not return the keys, and, they do not remove all of their personal property from the premises, you CANNOT re-enter the premises, even if they only leave behind a few old clothes and an (apparently) broken television. If you were to remove these items from the premises without a writ (court order), and without properly executing that writ under the supervision of the sheriff’s department… you’ve just accomplished an unlawful eviction! Of course I understand that, 9 times out of 10, the tenant may not ever come back, but if they do you’ll be very sorry.

Another reason to move forward, assuming the tenant was either served personally, or that the tenant responded to the papers by filing a response with the court, is so that you can obtain a money judgment. The courts will very likely award you all of the back due rent you claim, plus court costs in every case. Courts are a little more selective about awarding late fees and/or attorney’s fees. Most courts will allow late fees if they are simple to understand (i.e. $100 after the 5th of the month), AND they are reasonable (i.e. less than or equal to 10% of the monthly rent). Courts will generally also award attorney’s fees if the lease is properly written, and you hired an attorney. Feel free to call my office if you have any questions. We’ll be happy to discuss your specific situation without obligation, free of charge.

By: Trey Phillips

About the Author:

Cancer Mesothelioma