Evictions

BrokenLease.com is designed to assist renters obtain a place to rent; apartment, condominium, town home, home or other rental property. For an individual to rent a rental property, it means a potential landlord will be looking at the credit history, rental history and credit score before approving the rental application. Unfortunately, bad credit or unsatisfactory rental history can affect getting approved for a place to rent especially if there is delinquency, liens, judgements, broken leases and evictions on the credit report. The good news is; we have the tools in place to help renters acquire their most desired place to rent no matter what is on their credit report or showing on their rental history.

In most rental situations, after approved for an apartment, a signed lease for a specific length of time will be required, typically for one year. There are clauses, terms and conditions detailed in the rental agreement, and it’s highly recommended to read completely before signing it. When signing the rental agreement, you agree to what is stated, and you must follow it to avoid a possible eviction.

An eviction means to have a tenant removed from a rental property by the landlord. Depending on the jurisdiction of where the property is located, an eviction may also be called a forcible detainer, unlawful detainer, summary dispossess, summary possession, ejectment summary process or repossession. An eviction is initiated when a tenant has done something wrong and has violated one of the terms in the lease agreement.

Regardless, it is important to make sure you fully read and understand your lease or rental agreement prior to signing the lease. You want to make sure you understand completely what is considered a violation so you don’t do it. If you have received an eviction notice and do not fix the problem before the notice expires for whatever reason, it may be a good idea to consult with an attorney to make sure your rights are not being violated. Many landlords may try to do an illegal tactic, and if you don’t speak with an attorney, they may get away with it. You have rights and are protected, so speaking to an attorney is advisable especially if you have a court date set for the eviction lawsuit.

BrokenLease.com consists of expert apartment locators, apartment finders and apartment and residential rental professionals that help potential renters at no cost. Our representatives will help you find a place to rent regardless of what is on your credit report. Plus, our services are completely free to you.

Types of Tenants:

Tenant with a written lease – A tenant who has a legal written lease agreement signed for a specific amount of time like a one-year lease agreement.

Tenant at will – no written lease – A landlord can evict without giving a reason, but needs to give a written warning giving a certain amount of days’ notice and may not need to have a reason as to why you are being evicted.

Types of Evictions:

Nonpayment of Rent – When a tenant is delinquent in paying their rent, they will most likely receive an eviction notice. The notice will give them a short period of time to pay the rent due or be subjected to an eviction. The eviction notice can vary from 3 to 5 days depending on the particular laws of the state. The notice will be voided if the tenant pays the total outstanding rent and any fees before the eviction notice expires.

Tenant Violates a Term on the Lease – If a tenant doesn’t maintain the property as per stated in the lease agreement or if the tenant violates the lease by bringing a pet that isn’t stated in the lease, then it is a violation and the tenant is subjected to an eviction. Again, the eviction notice can vary and is usually a short period of time in which the tenant must fix the problem or potentially face an eviction.

Unconditional Quit Notices – This is when a landlord issues a notice for the tenant to leave the property immediately. A tenant may receive one of these notices if they have a history of paying their rent late, engaged in illegal activity on the property or have seriously damaged the property.

What a Landlord Can and Cannot do to Get you to Vacate a Rental Property:

Change Locks or Turn Off Utilities – A landlord cannot force you to vacate a rental property by changing the locks or turning of the utilities. It is against the law for a landlord to do anything outside of the court of law to get you to vacate an apartment or any other rental property. A landlord must have a court order before he can legally evict you from the property.

Cannot Discriminate – Cannot be evicted because of sex, race, skin color, sexual preference, religion, having kids, being a single parent, mental or physical impairment or if getting welfare.

Eviction Process:

Depending the jurisdiction, it determines how the eviction process will be handled. Generally, the eviction process is started by the landlord giving an eviction notice to the tenant. The notice is for the intent for the tenant to take immediate action, either fix the problem or to leave the property within a certain number of days. If the tenant doesn’t remedy the problem like paying their rent up to date or fix the problem and doesn’t leave the property, then the landlord can file a lawsuit to evict the tenant to regain the possession of the rental property. The lawsuit against the tenant may include unpaid rent, attorney fees and/or even court fees. The entire process may only take a couple of months.

If the tenant has failed to fix the problem or pay up the rent due and the tenant remains in the rental property, the landlord will need to evict the tenant through legal action. This means a landlord cannot change locks or turn off the electricity to get a tenant to leave the property. They must file an eviction lawsuit to win an eviction to ultimately regain possession of the property.

Once an eviction lawsuit is won in the favor of the landlord, the tenant must vacate the premises. If the tenant refuses to vacate the premises, then the landlord can take the court order to the County Sheriff to have the County Sheriff ensure the tenant vacates the premises.

BrokenLease.com consists of rental professionals who will be able to help you find the best place to rent regardless of your credit history, credit score or rental history. It is unfortunate if you have an eviction or some other unfortunate situation affecting you trying to rent. There is no need to worry because we will help you. Find out why BrokenLease.com is the leading resource to landing an apartment.