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Landlord Lock out

April 25th, 2011

When tenants become past due in rent many Landlords will lock their tenant out. In the U.S. hundreds of people finds themselves locked out of a house or apartment which they may still have legal right to. Is it legal for a landlord to lock out a tenant that is past due in rental payments?

A general property rule of law is when a tenant rents or leases a house or apartment he acquires right to possession and use of the property. Once the agreement is reached and the tenant start occupying the property there are only to ways that the tenant’s possession rights can be terminated. The tenant can voluntarily relinquish possession and control of the property. Usually, the tenant agree to move out of the property or the landlord discovers the tenant has abandon the property. If the tenant does not voluntarily relinquish possession of the property the landlord would have to have the tenant evicted through a court order.

First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord must go to the court and file an action. The court will issue a summons to the to the tenant. A trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction. Once a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move by a certain date.

Therefore, a landlord can not lock his tenant out of an apartment or house until after a court has evicted the tenant and the move out date has pasted. Without a court order a landlord is breaking the law that could have both civil and criminal consequences

KEY POINTS. A landlord must take you to court first and have a court order to evict you before he can change the locks on you. If there is no eviction order from the judge or you are moved out before the court order runs out, the Land Lord can not lock you out of the property, and can not touch your belongings.

Find attorney prepared Lease and Rental contracts


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If My Landlord Already Carries Insurance, Why Is Renter’s Insurance Necessary?

September 28th, 2010

When you move into a new rental property it’s likely that your agent or landlord will bring up the topic of renters insurance quotes. If you know your landlord is already insured, and you’ve been wondering whether you really need insurance or not, then here’s a brief guide to what you need to know.

Your Landlord’s Insurance

Most commonly, landlord insurance consists of building insurance. The value will depend on how much the property is worth, and how much it would cost to be built from scratch should a total loss occur. In short, the insurance is designed to protect the building itself.

Landlords may also take out contents insurance for their own belongings (not the tenant’s), if renting out the property furnished. Renters insurance quotes do not include these areas protected by the landlord’s insurance.

Why Do You Need Renters Insurance Quotes Separately To Your Landlord?

Many renters assume that the landlords insurance will cover them should any damage to the property occur, though this isn’t the case. Yes, the landlord’s insurance will cover the building for any damage, but not your possessions.

Many renters don’t think they hold the same responsibility as landlords when it comes to taking out appropriate insurance. But it’s important that you’re covered (unless you could afford to replace all of your possessions should anything happen). Policies will vary, but they generally cover floods, theft, fire and other natural events that can damage your things.

When choosing renter’s insurance online, make sure that you know exactly what you’re covered against. You’ll then need to do a careful check of your items to work out their value to help you choose the right policy. Give too low an estimate and you may not be fully covered, too high an estimate and you could be paying over the odds for your policy.

Secondly, you may also choose to sign up to renters insurance online designed to protect you against any liability. If an accident should happen inside your home, depending on what caused the accident, it isn’t necessarily your landlord who will be held responsible, which is why you also need to be insured.

It isn’t difficult to compare renter’s insurance quotes to find the best deal: try signing up for renter’s insurance online so you can rest safe in the knowledge that anything important to you will be protected.

Searching for renters insurance online doesn’t have to be stressful if you know where to look. To get a quote today, take a look at renters Insurance Quotes.


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Real Estate Basics – What Must Be Included In A Lease Or Rental Agreement

July 2nd, 2010

The cornerstone of any landlord and tenant relationship is the lease or rental agreement. There are certain terms and provisions that should be included in every agreement, both to protect the landlord in the event of default by the tenant, and to protect the rights of the tenant against the landlord. When considering entering into a lease or rental agreement, look for the following terms.

Term of Agreement:

The term of the agreement will delineate the length of time that the landlord and tenant are obligated under the terms of the lease or rental agreement. Many leases are enforceable for a definite period of time, usually six or twelve months. Still other leases are renewable on a month-to-month basis, meaning that either party may terminate the lease at the end of any month, with proper notice to the other. What type of lease is best will depend on the specific situation of the parties.

Deposit:

The deposit on security, also known as a security deposit, protects the landlord in the event that the tenant does something damaging to the property. Generally, if the tenant takes good care of the property, and the only damage is normal wear-and-tear, the tenant will get the security deposit back at the end of the agreement’s term. Many leases contain a provision whereby the security deposit is forfeited upon default by the tenant.

Monthly Rent:

The rental amount defines how much rent should be paid monthly. Additionally, it will most likely define the day of the month by which the rent should be paid and if there is any grace period. Finally, the rent provision should define any late fees.

Utility Payment:

The lease or rental agreement should enumerate who pays what utilities. Utilities can be quite costly, especially those for electricity and/or gas. Often times, the utility payments are the “make-or-break” element of the agreement. Past utility payments should be utilized by the tenant to determine whether the cost of renting the property is affordable.

Use and Occupancy:

Any restrictions on use and occupancy of the premises should be enumerated in the use and occupancy provisions. For example, if pets are not allowed or if the premises may only be occupied by three people, then the lease should specifically state as such. Also, leases may prohibit certain items or property, such as a space heater or a charcoal grill.

Right to Enter the Premises:

The landlord will most likely have the right to enter the premises, either to inspect or do some other at. The rights of the landlord, and also of the tenant, should be specifically outlined. That is to say, the who, what, where, when, why, and how of the landlord coming onto the property should all be set out in detail.

Maintenance:

At some point, something on the premises may break down or need replacement. It should be specifically stated who is obligated to make certain repairs and in what situations. For example, if the tenant accidentally creates a hole in the wall and the lease specifically states that the tenant is obligated to make repairs for items that break down through his fault, then the tenant may have to repair the hole.

Remedies upon Default:

People often break their lease or rental agreement. Or they don’t do something they are supposed to do under the agreement. It happens every day all over the country. That is why we have leases and rental agreements in the first place, because they outline each party’s rights and responsibilities and what should be done in the event that the parties don’t respect the rights and responsibilities. Naturally then, the agreement needs to outline what each party can do in the event of default or breach.

Generally speaking, the above provisions must be included in every lease or rental agreement. However, they aren’t the only provisions that must be included in the agreement. What each agreement contains will depend on the facts and circumstances of the particular parties and the property in question, but it is important to know the basics of where to start.

Landlord-tenant laws are both complex and specific to each State. If you need a Maryland real estate attorney or Virginia real estate attorney, we are here to help.


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Eviction Notice Letter

April 14th, 2010

The eviction notice letter is never a good thing. There is a legal way to go about this process of getting rid of a tenant. This means giving the tenant an eviction notice. Here we will fill you in as to what you need to know about this process.

One of the first things about this letter is that there are many misconceptions about them. One of those misconceptions is that people get them because they did something wrong. While the majority of the times that is correct, this isn’t always the truth. There is one circumstance where that isn’t the case at least. An eviction notice has to be given if they are asking you to leave before the lease is up. This means even if they decide that they can’t rent out or don’t want to any longer, then they have to give this notice to you.

The next thing that they can give them for is if you are of course if you aren’t paying rent. The landlords depend on this money. If you don’t give it, then they have every right to get rid of you. That is just how it works. If you don’t pay, they can evict you and then take you to court so that they do get that money.

The last time that they would go about and send you this letter might not have anything to do with you at all. There are times for different reasons that a tenant can no longer rent out their property. When this happens, you will get a letter. You are then expected to move out by the date and time specified on the paper.

What happens is that they will give you so long to move out. Now, for those that are asking you to leave due to the fact that they have the issues, but not with you, then they have to give you at least thirty days of notice. They will draw up an eviction notice that will read at what time and date you have to be out by. If it is something for which they are taking you to court, they will have them served to you and then you have to go give your response to allow them to know that you have received this. From there, it will be taken to court.

This is how the process works. Many have gone through this process. More will probably go through it as well. Now, if it unfortunately happens to you or someone you know in which it has never happened to before, they will know what to expect. So, here is how you go about and handle this if you have received them.

Find the right type of eviction notice letter that you need to use. Head to http://www.landlordangel.co.uk for all the help you need.


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Rent Guarantee Insurance

March 31st, 2010

“It feels so unjust. You own a property, you let it to someone on the promise of a fair rent, and they don’t pay up. More often than not, you will have a mortgage to pay, and the lender expects its monthly instalments. It feels like the property owner takes all the risks. Surely my insurance broker will be able to find a way to mitigate the risk of arrears with insurance.”

This is a common plea, and help is at hand. Rent Guarantee Insurance helps to redress the balance in favour of the property owner. In addition to replacing your lost income, the insurance company will bring all of its experience and organisational skills into securing the eviction of the errant tenant.

The popularity of this kind of insurance has grown since the dawn of the recession. People can fall behind on their rent for a huge number of reasons, whether it’s trades-people struggling to find work, professionals who’ve fallen on hard times or people claiming benefits who’ve just overspent on a given month. However, the vast majority of people don’t move into a rented property with the intention of getting into arrears, but the landlord has a right to collect rent all the same.

It is very rare for a landlord to own a property and not actually need the rent. The boom in “buy to let” mortgages has meant that many very normal people have become landlords. These people need their rental income to pay their mortgage and avoid the banks repossessing the property from them. That’s why they are willing to spend a proportion of their rental income on insurance.

With this type of insurance there are two main policy types, there is the standard insurance against lost income from tenants going into arrears, and for a premium, the insurance company will pay the rent if the tenant does not. Some companies ask for credit checks to be carried out but not all of them will, and some will not insure you if your tenants are claiming benefits, but some will.

Secondly, the insurance company will often help you to secure an eviction if your tenant simply can’t keep up. This is very helpful, and you should make sure you have this cover with your insurances. Most landlords do not have the time or the skills to succeed in this minefield. If you are a landlord/property owner, your insurance broker will be able to advise you on the correct insurance for your property.

If you are a landlord and you are looking for some friendly advice on property owners insurance, you should visit Coversure, they are one of the UK’s best providers of insurance for anything from office insurance to caravan insurance.


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Social Security Number People Search – Things You Must Know

March 30th, 2010

Having someone’s social security number is the key to finding out everything you can about someone. Doing a people search by social security number will allow you to find out public information, private information and everything in between if you really want to know about someone. A social security number is important to everyone because it is essentially how they are tracked, and with that social security number you are able to do a people search on a new employee you are hiring, a boyfriend you are thinking about marrying and even your spouse if you think they are up to something that you don’t know about.

Any information you want about an individual related to birth date, criminal records, employment records; all of these can be tracked by having the social security number of the individual. Thus, you must need to get the social security number of the individual if you wish to proceed with the people search activity in a successful manner.

A lot of federal agencies do have your social security number, and much like they have yours, they will also have the social security number of others too. What you must know is a lot of organizations base their decisions on the individual depending on what comes through the social security number check. People can be granted or refused loans, insurance coverage, and even jobs depending on what comes through from the social security number check.

Your social security number -The password to your personal information. We all know how important a Social Security Number is for everyone of us. We think a hundred times before giving our social security number to someone as once you give it away, anyone can perform a background check on you using your social security number. With these numbers you can pull up any record that is available such as financial status, criminal records, debts if any, tax liens, bankruptcies, and many other private and public information. Many companies ask for their employee’s social security number so that they can get a background check done before hiring them. You could do a people search on anyone with a social security number. If you want to hire a house-help, or want to marry your new boyfriend or even want to find out details about your spouse if you think something is amiss; all this can be done by running a people search by social security number.

All information including personal and private get displayed when you present the social security number to these websites. It is important for you to track down the websites and equip yourselves with the social security number of individuals on whom you wish to do the background check. Information is always the key, the more information you have, of course, the more you will discover about the person. You can never have enough information about the people you come into contact with.

Want to find out more about online background checks, then visit Regisaid Buccough’s site on how to choose the best background check search sites for your needs. Get a totally unique version of this article from our article submission service


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Illegal Eviction And The Rights Of Tenants

February 24th, 2010

You’re way behind on your rent and your landlord is now talking about eviction. Just as landlords have legal remedies for non-paying tenants, tenants have legal rights to prevent an illegal eviction. In the UK the only legally permissible way for a landlord to evict a tenant is through a court order.

Should the landlord decide to initiate an eviction, he must follow a legal process. This means he must take the tenant to court, lay out the facts of his case, and win. But that isn’t the end of it. He must also get a sheriff to carry out the actual eviction. By law, no other process is acceptable.

A court order is required for any and all evictions no matter what circumstances surround the case. This means that even if the tenants are creating damage to the property, the court order is still needed. This remains true regardless of how much rent money is due.

In no way is a landlord permitted to threaten a tenant physically or to harass a tenant. He is also prohibited from turning off utilities, such as water, even if the utilities are in the landlords name. Further, he is not legally permitted to change the locks without giving a key to the tenants.

And by no means is any landlord permitted to remove any tenant or personal property. Making attempts to empty the apartment or confiscate items is illegal. The old threat that you will come home to find your stuff out in the street, is simply not legal. No landlord has any legal right to do this. If this or any other aforementioned prohibitions is violated, legal counsel should be sought by tenants immediately.

If a tenant finds himself the victim of such attempts at an illegal eviction and sues his landlord, he will win this case no matter what any other circumstances are. Tenants will be awarded with a cash restitution or by being reinstated as legal occupant.

Get more information about how you can address illegal eviction issues fast! There are some simple steps that will help you avoid illegal eviction problems and get your property back on the market quickly!


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Learn About The Eviction Of Private Tenants

February 21st, 2010

Having to carry out the eviction of private tenants is one of the least enviable processes a landlord may have to go through. And though never pleasant, there are certain steps that can be taken to make the process easier. Legal action is the last resort of course, but can be carried out.

The first thing to be certain of is that the rental agreement includes clearly laid out rules and regulations; the breaching of which will result in eviction. Such things to include here are damage to property, failure to meet bills, and failure to pay rent.

As a first step in the eviction process, a formal notice should be delivered to the private tenant. This should set out the reasons for the eviction, a date that they should leave the property by, and mention that legal action will be pursued if the due date is not met.

The notice issued will vary depending on the reason, so should be discussed with legal counsel before sending. Another copy needs to be sent to the local clerk of the court's office, which will incur a fee. All fees from this point should be included in the amount passed to the tenant.

The copy sent to the clerk's office needs to include the rental agreement and evidence as to why the action is being taken. It is important to have as many examples of reasoning as possible.

If the tenant has not left by the date in the notice, a private process server or the local sheriff can be instructed. They will then serve official summons to the tenant, and it will again be necessary to return a copy of this to the clerk of the court. Once filed, a court session will be scheduled.

The eviction of private tenants from this point will rely on the court, though a counter claim could be started by the tenant. If the case goes to court and finds in the landlord's favor, the sheriff can carry out an eviction accordingly.

Learn how easy it is to address eviction of private tenants when you visit http://www.landlordangel.co.uk/ today! All of the information, details and forms that you need to take control of your property fast!


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When Should Court Action For Eviction For Used

February 18th, 2010

Having property that is used as rentals is a good way to make extra income or to help offset the mortgage payment. There are many downfalls to using property as a leased property such as the tenants who refuse to pay the monthly payment. In the majority of cases for non payment a court action for eviction is needed to get the occupants out of the property.

Most landlords will give their tenants ample opportunities to catch up on the amount owed before taking the needed steps. Tenants are great at coming up with excuses for non payment and will in most cases end up living in your property for several months without paying a cent. It is necessary to remember this is still a business.

If you have not received money owed this is not the opportunity to have the locks changed or throw the tenants property on the curb and do not have any utilities disconnected. Doing any of these could actually cost you money in a lawsuit against you filed by the non paying renter. It is crucial to be aware of the procedures in your area regarding an eviction to avoid any unnecessary suit against you.

After court proceedings have begun do not accept any form of payment offered to you by the occupant. This will in most cases result in court actions becoming null and void.

If you have included late fees in the amount of money owed, this should have been included as a possibility in a lease. The sum that will be due should late payment happen has to be clearly written in the lease. The amount should be specified as when it will occur, for example one fee on a specific day of payment or so much for each day.

It is also necessary for you to meet with the renters in person and present them with a statement of the amount due. If you do not receive a response and the occupants are one month behind, this is when the initial court papers should be filed.

In some states it can be six months before the tenant is ordered to leave the property. If your state allows you to serve a three day notice to leave the premises, do so. If they move in this time, continue with the court action for eviction to avoid any possible instances where the tenant goes to court and states they were given permission to remain there. Do not dispose of any belongings until given permission by the courts or the tenant could sue you for illegal entry and removal of property.

Do you need to learn what the Court Action for Eviction is? Head to the following link for the information you need http://www.landlordangel.co.uk/ today.


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Need To Evict Bad Tenants? How To Begin.

January 15th, 2010

If you own rental property long enough, you will one day need to evict bad tenants. It is not a pleasant process, but if it can’t be avoided, there are a few things you should know.

In order to evict a tenant, you should familiarize yourself with the applicable laws in your state. You should follow these laws exactly. Eviction can be a time consuming process, but if done correctly, it will result in the legal eviction of your bad tenant. If you don’t follow the law, you will set yourself up for the tenants to take action against you. This may cost you additional time and money.

The are myriad reasons for wanting to evict a tenant. The most common landlord-tenant issues are failure to pay rent and persistent late payments. Other significant reason to want a tenant removed is additional residents, unauthorized pets, excessive noise, and failure to abide by rules of the community.

If you have an issue with a tenant you should make a phone call to them explaining the problem. You should follow that up with a letter. If these actions do not work, you should then begin legal proceedings by filing a lawsuit to evict bad tenants.

One thing you should never do is take matters into your own hands. Don’t kick the tenants out. Don’t change the locks. Don’t cut off the utilities. The legal process is the only way to realistically force tenants out. Evictions begin with a legal notice. This notice is has different names in different states.

Eviction can be expensive and take a long time. You may lose several months of rent. In an effort to prevent landlords from just kicking people out on the street for no reasons, laws have been enacted to protect tenants. These laws can be prohibitive and unwieldy.

In order to evict bad tenants, know the law inside and out. Follow the procedures even though they make take excessive amounts of time. If you are patient and precise, you will eventually be rid of that bad tenant and ready to search for a good one.

Spending time trying to evict bad tenants costs you valuable time and money. You can start getting your rental income paying again fast and easy when you visit http://www.landlordangel.co.uk/ today!


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