Let’s Explore: Why Do We Need Landlord Lawyer?

Owning and maintaining rental houses requires a lot of dealing with people various types of people. In some instances, there are times when you have to deal with irritating tenants. Even sometimes you also need requires legal help to ensure your property is safe. And in those places there is a need for legal professionals or lawyers. 

A landlord lawyer is capable of dealing with all the legal matters and therefore he knows what is right and what is wrong for a landlord.  For instance, if you want to expel the tenant who is not giving the rent, doing it legally or evicting the tenant legally is critical. You actually require good contracts in the court as you are not aware with the complex legal laws. There are many cases such as damage of property in which you require to hire the lawyer to get back your claims.

Nevertheless, there are many instances when you require the assistance of landlord attorney to shun the proceedings against you. For instance, if your tenant falls and get injured on your property, they he may bring lawsuit for you, blaming that you are responsible for his injury and seek a claim. 

Likewise, there are many instances where you need legal assistance. So, it is always better to have a legal advisor from your side who can help you to win the case. If you are an owner of a huge property, then you should hire a real estate legal advisor for full time. So that they can assist you at any time in any circumstances in which you may face expensive proceedings.

A real estate dealer should always keep in mind that a landlord attorney can also give you legal advise on various matters apart from representing you in the courtroom.  The attorney can guide you and answer all your questions related to real estate. They can also give you insight and direct your verdicts in supervising the property. They will also save you from the can grave consequences of violating codes and also make sure that each and every agreements are lawfully bound. 

It doesn’t matter which type of legal circumstances you are facing, hire a lawyer to shield your property. Do not fail to notice the significance of a legal helping hand always aside you to deal with various legal concerns.

Things to know about Agreement to Vacate Part-2

What happened when tenant signs “Agreement to Vacate” and fall short to vacate?

Luckily, tenant or renter who signs the “Agreement to Vacate” actually vacant the property when they (tenant) say they are going to vacant. In case if the tenant or renter falls short to leave, the house owner can then instantly start the eviction process with no further notice. The house owner merely has to show that the tenant has fall short to vacate the property rather than try engaged in proving underlying reasons.


What about the cash the renter may indebted to the house owner?

The “Agreement to Vacate” says that the accord does not state money issue unless specially noted in the agreement. However, in the agreement both the parties may consent that the security deposit is forfeited, probably would be returned when there is no loss of property, or any other monetary arrangements can be dealt with openly in the agreement.

Benefits of the “Agreement to Vacate” 

The biggest benefit is that it is an “agreement”. Sentiments do not rule, renter eviction process might not necessary, efforts and money can be saved, and higher chance that the renter will not do any damage deliberately. The “Agreement to Vacate” is an amazing form; help the tenant out the door.

                                     SAMPLE OF “AGREEMENT TO VACATE”
 
AGREEMENT TO VACATE

I/WE ________________________________ hereby agree to leave the property which we now are leasing no later than _______/______/______. In place for vacating at this time, landlord agrees to not file any lawful deed for eviction proceeding to this time if I/WE continue to obey with the terms and condition of rent and State Law.

I/WE agree that any deserted of property that is left behind after the above date may be inclined of by property owner without notice and I/WE agree to hold owner, the management of the premises and any employees or agents harmless for such deserted property.

I/WE agree that the “AGREEMENT TO VACATE” must be signed by us AND returned to Administration by hand delivery to the landlord or assistant manager /property manager no later than 5:00 PM on ______/_____/_____ or Administration may begin legal procedure at any time.

I/WE agree that this agreement document and our leaving the property shall have no effect on any fiscal obligations, security deposit forfeitures, forfeitures, early extinction clauses etc under the rent or Florida law except or else agreed to in writing by Management.
______________________________ ________________________________ RESIDENT RESIDENT
_____________________________ RESIDENT
Additional agreements by Management if Residents vacate per this agreement:____________________________________________________
_____________________________________________________________
____________________________________________________________
____________________________________________________________
__________________________ ______/______/______ MANAGEMENT SIGNATURE

Things to know about Agreement to Vacate Part-1

Eviction Lawyer

Alternative for “Agreement to Vacate”  – The best possible way to have a tenant vacate is to have that tenant do so voluntarily. Both (tenant and the landlord) sign an agreement which terminates the tenancy, and the tenant agrees to vacate on a specified date. The “Agreement to Vacate” is a very useful form, and landlords who regularly use the form will agree to the fact that their evictions are reduced, their stress is reduced by 80%, and most tenants who sign such an agreement vacate on the date they agreed.
  
When it is appropriate? – I would say, in any situation when a noncompliance is occurring or has occurred, including payment of rent, if both the parties can agree to a specific fixed vacating date and memorialize legally in writing, the Agreement is appropriate: suspected use of drug, excessive traffic, excess of domestic disputes, unauthorized occupant, illegal pets, noise pollution, and the list goes on. Point is, if you get the tenant to agree to vacate, you have probably won the battle.

How do you get the Tenant to agree? – Well, this is a tricky question. I would say that this will take some skill and experience. Landlord needs to approach the tenant, explain easily how things just are not working out between you possibly and threaten them for eviction if required, but give the tenant an easy way out initially. That would be, tenant and the landlord to agree to terminate the contract without the need for further rent lawyer or court intervention. Time frame to vacate would depend on the relationship and the intensity of the problem between them. Take it easy if an agreement is coming to an end soon.

Will the tenant always sign an “Agreement to Vacate”? – This is a leading question because we know the answer for this “A BIG NO”. Let’s be practical, neither is the tenant or the landlord is completely sure that they will win an eviction. No tenants would want to go near the courthouse for obvious reasons and will give opportunity to vacate voluntarily.

Once the tenant signs an agreement and it is returned back to you, you will then sign the agreement and this will create a binding contract. An Agreement to Vacate is of no good and useless, unless you get all the tenants to sign that.

I will share a sample “Vacate Agreement” in my next post” Things to know about Agreement to VacatePart-2” which will clarify many more things about rent eviction.

How to Tackle Non Payment and Non Compliances problems of Tenants

Eviction Services

Nonpayment of rent is the most common cause for tenant removal. Facts are limited in most cases and not in dispute. Did the tenant pay the rent? If the answer is NO, a simple eviction occurs, with landlord prevailing in most cases. However, there may be some other non-rent related disputes which result in the landlord’s willingness to remove the tenant from the rented house or office. Most of the time, the landlords desire to evict the tenant is much greater than evidence against the tenant


The Landlord’s options – landlord is faced with a number of options in the event of a noncomplying tenant,

·         Give the proper notices.

·         Gather evidence.

·         Prove non-compliances

·         File an eviction action using rent eviction lawyer

·         Alternative option would be to non-renewal of the lease was near completion

·         An agreement with the tenant to vacate the premises on a fixed date.

Forced Tenant Removal for Non-compliances
For legal eviction procedures against a tenant for non-compliances, certain prerequisites must be met. Either a Seven Day Notice of Noncompliance with Opportunity to Cure, a Seven Day Notice of Noncompliance Notice of Termination, or both, must be given to the tenant depending on Non-compliance. This can be easily done by any professional attorney who specializes in eviction services. These actions entail information for the tenant of the noncompliance, giving the tenant time to resolve the problem mutually with landlord in most cases, if the offense is of a workable nature, and then evicting the tenant if the offense is repeated again.
The tenant is served with a Seven Day Notice of Termination, In the event of a serious non-workable type of noncompliance, and an eviction begins right after this notice date expires. Eviction cannot even begin until notice expires. Once you file the eviction, you then have to go for win! But, this is not always guaranteed.
Most of the time landlords have served the Notice of Noncompliance with Opportunity to work out something, very few have ever filed an eviction for noncompliance, as most tenants either cure or vacate prior to the eviction.
Very few landlords have ever filed an eviction and ended up having to prove the noncompliance in court, because, most of the tenants vacate after getting served with eviction notice and paperwork.. It is difficult to prove a noncompliance’s in court, when your witnesses do not show up, or your proofs fades away in front of judge, who was so tough on non-paying tenants, but would then show sympathy to the tenant.

Importance of Hiring a Housing Attorney

Buying a real estate property or land is not a small thing and requires a huge investment. There are number of legal formalities that are to be fulfilled during the process and any kind of mistake in the process can lead to serious problems and issues. 

In order to avoid any kind of mistake that involves huge amount of money, it is better to take the advice of a real estate legal expert. Most of these issues occur when you are purchasing a piece of land, housing property or an apartment. You have to be extra careful to avoid any foreclosure or if renting, then eviction of a non-paying tenant.

For all such legal formalities, you must hire a housing attorney who will assist you in the process and take care of all the legal formalities that need to be done for the case. This will avoid any type of problems in the future and keep you away from committing any expensive mistake.

Every state considers different law enforcements related to property and real estate and thus a person with adequate knowledge for the same would be a viable choice. Apartment attorneys will assist you in revising all the documents and legal papers and make sure that none of the clause mentioned in them is against the regulations from the state law. 

It is quite obvious that hiring a housing attorney will charge you some money but they will be very profitable in the future. You will be able to avoid any kind of big loss in the future and all such issues will be under the guidance of an expert legal consultant.