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Habitational Liability: Guidelines for Evicting Tenants

Habitational Liability Guidelines for Evicting TenantsHabitational Liability: Guidelines for Evicting Tenants

When it comes to owning or managing property, there are many legal considerations to make. First of all, it’s imperative to be financially protected from a legal claim with the right Habitational Liability Insurance policy. Just as important though, is to understand what risks you face as a landlord, and how you could potentially reduce those risks.

One of the biggest risks landlords face is having a tenant that doesn’t pay rent, causes property damage, or participates in any other activities that may give you cause to evict them. As a landlord, if you wish to legally evict a tenant from a rental property, you must follow appropriate procedures to the letter of the law. This starts with providing an eviction notice to the tenant and providing the necessary details in the notice as specified by state or local laws.

There must always be a legitimate reason for the eviction notice to be given. In general, there are three types of eviction notices; pay rent or quit notices that are typically sent when a tenant is delinquent in paying rent, cure or quit notices given when a tenant does something wrong or violates a term of the lease agreement, and unconditional quit notices that are an order from the landlord to the tenant to leave the property immediately. This last type of notice is typically only distributed if the tenant has consistently paid their rent late, refused to pay rent, seriously damaged the property, or engages in dangerous or illegal activity on the property.

An eviction notice without cause means that the landlord doesn’t have to have a reason to want a tenant out. Most states require that to give this type of eviction notice, landlords must give their tenant either 30 or 60 day notice before being allowed to begin an eviction suit. Other states require that landlords give a legally justifiable reason for wanting to end a lease agreement and don’t permit them to end leases without a cause.

It’s important to remember that for a tenant, an eviction notice is detrimental. If a landlord has a bad tenant, they may lose money each month… however if a tenant is evicted, they lose their home. Therefore, cases of evictions are handled sensitively, with lawmakers making landlords work extra hard in order to properly evict a tenant. It’s important to be aware of this, and to be educated on what the laws are in your state.

At DiNicola, we understand the unique risks you face as a landlord. We help owners, managers, and associations construct a comprehensive Habitational Insurance and Risk Management program that includes accurate propertly valuations and niche coverage for the unique needs of the habitational real estate sector. Please contact us today for more information at (855) 247-1912.

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