Most property owners rent out their property so that the renters will help in keeping the property well-maintained. And for that they look for good tenants in Maryland. But, sometimes the landlord start feeling like he has done something wrong while screening the tenant and now it’s time to evict them. Well, eviction can feel like a failure to many landlords. But, life is uncertain and anything can happen and change suddenly and drastically. Evictions are very unpleasant, neither the tenants nor the landlords like it. The landlord himself takes the decision of evicting tenants. But if the landlord is in experienced then he make the process worse.
It is important to inform the tenants about the eviction process just like the tenants give notice to his landlord before moving out. Also the landlord must seek advice about eviction law and proper procedure. This way the landlords can avoid the common mistakes that usually they make due to lack of experience.
If you want to know what common mistakes you can make as a landlord during the eviction process then read the following points and try to avoid them.
This is the biggest eviction mistake landlords make which is known as “Self-help eviction”. It happens because the landlord thinks he owns the property so he has the full right to change the lock, move the tenant’s belongings, turn off the utilities, etc. But this is not the case. You have allowed the tenants to occupy your rental property and with this you have given them certain rights in the property. The only way to stub out those rights legally is by court order. If you will turn of the utilities, change the lock or throw his possessions outside just to harass the tenants so that he will move out or pay rent then you are imply putting yourself in problem. This process will lead to confrontation with the police and a very unpleasant loss in the court.
You must know that this is not the right way to evict your tenant. In fact, you should evict your tenants legally and the only legal ways to do that is by filling an action for eviction in the court and get a proper order from the court. Everything needs to be done legally under the state law. So, get the order from the court. But, remember that the tenant may refuse to leave the property, and then the police needs to get involved in the process.
Well, self-help eviction is illegal but, conducting this can actually be very dangerous because you are now messing with someone’s home and that can cause violent. You cannot evict the tenant suddenly and without notice as this could easily result in violence.
The second common and the biggest mistake landlords make during tenant eviction process is failing to give proper notice to the tenant. When a tenant moves out from a rental property, he needs to give notice to the landlord. Similarly, the landlord should also notify the tenant that either pay the rent or you will file a lawsuit to evict to evict them. Most states have landlord-tenant laws that contain such form of tenant eviction. This is called as “Notice to Quit” or in other states it simply be called by the number of days the tenant has to clear the due payments or simply leave the property.
You should not give a one or two day notice to your tenants, at least give him or her an opportunity to solve the problem or leave the property. But, if the tenant fails to comply then you can surely file your action to evict the tenant.
Also, remember that you will have to provide a notice when the lease is going to terminate. If your tenant has signed one year lease then you should send him a notice at a month before the end of the rent agreement if you don’t want to renew the agreement with the current tenant. Otherwise the tenant will know that they are still allowed to live in the property. So, when you will provide a proper notice to the tenant then he will know that you want them to evict.
Many landlords forget that everything needs to be proved even the eviction process. The landlord has to prove his case in the court that why he is evicting the tenant. The tenant has the right to accept or reject the eviction notice, and if he refuses to leave the property then the case will end up in the court. Then you will have to carry everything that will prove you right and will help you to win the case. For ex- you will need a copy of the rental agreement, evidence of the notice you have given to the tenant under the law of lease agreement, evidence of a failure to pay rent, and if you are suing for damages then you need to get the evidence of the actual damages caused by the tenant. If you fail in providing the evidences in the court then you have to start you case all over again. And this way the tenants will get even more time to live in your property, possibly without paying the rent.
Not Hiring an Attorney
Another common but biggest mistake landlord make is assuming that they know what they are doing and they can handle everything. If you are also doing so then don’t do it. Lawyers can handle tenant eviction process more firmly and are usually very quick. So, you must take advantage of this, especially when it’s your first eviction and you have no experience. Just make sure you have acted well as a landlord so the eviction will go smoothly. Otherwise you could end up by having a bad tenant in your property without getting rent for months while you figure out what actually you need to do to evict him.
The easiest way to evict the tenant is to handover your rental property in Maryland to the best property management company in Maryland. They know how to handle eviction process and that too legally.