Unfortunately, problem tenants do exist. Issues range from simply not paying some or all of the rent, drug usage or sale, to acting unruly. Whatever the case may be, trying to tackle the eviction process on your own may be a bad idea. Here are four reasons you should hire an attorney to evict problem tenants.
- This isYour First Eviction, But Not Your Tenants
If you’re evicting your tenants, chances are, this is not their first eviction. Unfortunately, landlords have to jump through hoops during their background checks on tenants. If you aren’t careful enough, this one has slipped by you.
Hiring an attorney may be your best bet because many tenants know the law better than you would. They use tactics to delay court proceedings, such as saying they have minor children in the home, telling the judge they need to reschedule the case because of a medical emergency or don’t havea lawyer of their own just yet. Your attorney will know how to work around these situations that arise.
- The Procedures Must be Followed, or Else, There Couldbe a Dismissal
If you try to go at this alone without a lawyer, and don’t follow the proper procedures, your case could be dismissed,and you’ll have to start from the beginning. If you do so, you’ve not only wasted yourmoney but also the time you could have had the tenants evicted. Trying to cut corners and save on attorney’s expenses could leave you paying more in court fees and the timeyour unit could be rented out.
Sometimes attorneys require an upfront retainer fee. If so, you would need to possibly pay a percentage. If you’re short on funds, you can discover more here about taking out a personal loan to help out.
- The Tenant Works for You
Another important reason to hire an attorney would be if your tenantactually works for you. You could be leasing your unit to a handyman that lives on site. Their rent could be reduced and yet they are still not able to afford the rent.
They think that by working for you that they have special privileges. This situation is more delicate and would require an attorney because you also don’t want to be sued based on discrimination or other employer-employee related matters.
- Your Tenant Is Filing Bankruptcy
A fourth reason to hire an attorney is if your tenant decides to file bankruptcy. One issue is that you can’t harass your tenant if they are in bankruptcy status. This means phone callsor letters directly tothem. You’ll need permission to continue with their bankruptcy judge or trustee. This will delay the eviction process. Once the eviction process is delayed, your tenant can then dismiss the bankruptcy filing, and you’ll be back to square one.
Before dismissingthe idea of hiring an attorney to evict your problem tenant, at least consult with a few. Your budget, the nature of the eviction process, and how well you feel you can deal with the situation and for how long will determine if you can get by without an attorney.