Nothing causes stress, worry, and panic like the thought of a pending eviction process. Not only do tenants suffer from these negative emotions, but landlords also hope to avoid any type of conflict that would lead to a removal of renters.
Eviction is one of the most common issues landlords face. Whether done incorrectly or correctly, the eviction process is fraught with loss of money and time as well as emotional damage.
My parents endured this hardship while dealing with their renters in Georgia. The tenants did not adhere to contractual obligations and stopped paying rent. After several months of failed personal negotiations with the renters, my parents ultimately consulted a lawyer.
The eviction process lasted three months and racked up more than $5,000 in legal fees. In this particular county, the legal procedures included a sheriff’s presence for the move out, which was humiliating for all involved. This all occurred after more than six months of renters living in the property for free.
Landlord/Tenant laws vary from state to state, thus making any type of legal activity challenging to navigate alone. It's highly recommended by professionals representing both tenants and landlords that landlords seek legal advice before pursuing any eviction procedure. Luckily, military affiliated homeowners and renters have access to Judge Advocate General Services across the country.
For landlords and tenants, it's imperative to know your state’s laws (and potentially city or county laws) governing the eviction process. The eviction laws vary widely across the country. Some lean toward homeowners, others to renters.
The best way to try to avoid any potential eviction issues as either a renter or landlord is to know basic (if not detailed) laws for the property’s location and what lawful reasoning is necessary for removal.
Various versions of eviction bans and moratoriums have been created by federal, state, and city governments to help renters stay in their homes, but their implementation is spotty for both landlords and tenants.
The best source of current eviction information is to read your local court’s website for guidance. And regardless if you’re the tenant or landlord, there is help available through Sources of Coronavirus Assistance for Landlords and Tenants.
Need help finding the perfect renters? Read Tenant Screening Tips for Landlords.
On the other hand, tenants need to know their rights and responsibilities for a safe, healthy, and reliable home. Tenants should understand that eviction is a process that the landlord must follow step by step. If they do not, tenants have legal recourse. One example would be if there are mistakes in the eviction notices or if they are not served correctly. Before renters’ removal, the proper steps must be taken and, sometimes, repeated.
If the landlord and tenant go to court, the judge looks at the entirety of the situation, including whether or not the property owner kept the property in safe and working condition and responded to communication from the tenants about unlivable issues.
If landlords have military tenants, they should note that federal laws protect their renter status and allow early lease terminations.
To remain fully covered by SCRA laws, tenants must provide timely and clear lease termination dates due to a military transfer through written notice. They must also deliver the landlord a copy of official military orders and pay rent payments for both the month notice is given and for the following month.
A military clause is different from the SCRA and spells out any terms that the tenant and landlord agree upon. A military clause is often used to terminate a lease because the servicemember’s job requires on base housing or they want to terminate the lease for military orders moving the military member to a new duty station that doesn’t fit the PCS standards, such as a 20-mile move.
Going back to my parents' eviction experience... of course, there was a back story for the renters, including job loss and injury, which my parents attempted to handle with compassion and understanding before legal actions began. In the end, the finances for all involved began to get out of control.
So you see, the eviction process is usually not cut and dried in either party’s favor and ultimately unsettles everyone in a multitude of ways. Preparation and knowledge will save much heartache and uneasiness for both parties involved.
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