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.