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Landlords & Tenants – Select the State you live in, get the answers you need for evictions.

Landlords & Tenants – Select the State you live in, get the answers you need for evictions.

  • Posted: Dec 15, 2023
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Find Eviction Laws, How to file an eviction, Learn the Eviction Process and State Specific Legal Forms.

Landlords & Tenants – Select the State you live in, get the answers you need for evictions.

NationalEvictions.com is the leading eviction information website. Look for our many social media pages and groups where you can ask questions and get answers from legal experts and a community of other Landlords and tenants that have gone through evictions and help answer what and how they dealt with the Courts.

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Writing a Demand Letter buy forms on NationalEvictions.com

Writing a Demand Letter buy forms on NationalEvictions.com

  • Posted: Aug 27, 2023
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Writing a Demand Letter

You’ve decided it’s time to file a small claim. You’ve heard it’s relatively easy and pain-free. But you realize that you have no idea where to start. How do you even initiate your claim? Well, you begin by writing a demand letter. A demand letter is key to getting your dispute off the ground and into the small claims courthouse.

 

Your First Step in Filing a Small Claim

A demand letter is the layperson’s version of a legal complaint. In it, you state what your dispute is and why you want to handle it in court.

The demand letter must also contain the amount for which you are suing or the specific relief you seek. You submit this letter to the person with whom you have the dispute. If and when you prepare to file, submit a copy to the clerk of court. While you don’t need legal drafting experience to compose a demand letter, it does need to be clear and well organized.

 

You’ll want to give a brief history of the dispute. Explain why there has been no agreement so far. While your opponent may know exactly what happened, a judge or court clerk who may end up reading it will not.

Organize it chronologically, but be brief. That way, an uninvolved observer will be able to follow it easily.

Be polite, concise and specific about what you want and what your next step will be if the problem is not resolved. For example, if it is a debt settlement, include the amount owed and the date it was due. If you are willing to accept a lower amount in settlement, say so. If not, make that clear as well. Let the other person know that if you are not able to come to an agreement, you will file in small claims court. Hopefully, he or she will decide it makes sense to compromise.

 

What to Avoid When Writing a Demand Letter

Avoid threatening or disparaging the other person. Do not use language that will convey your frustration or anger.

Creating a negative mood will only lessen your chances of reaching an agreement. The idea of the letter is to show the other person you are serious and give them the chance to consider their legal choices. It is not an opportunity to insult them or create an adversarial relationship. If

the dispute ends up in court, remember that the same judge who will hear your case will read your demand letter. This is another reason to keep it objective and professional. The last thing you would want is for the judge to perceive you as being antagonistic.

 

How Long Should the Letter Be?

There is no minimum or maximum length for a demand letter. However, shorter is better. It should only be long enough to clarify your intent, not a page more. A letter that gets to the point will show your opponent that you are serious about the lawsuit. It will also help the court clerk and the judges who are extremely busy. The less you give them to read, the better it will be for your case.

Finally, make and keep several copies of the letter for yourself and to use in any future court appearances. If you are lucky, you will not end up in front of a judge but if that happens, you will be prepared.

 

Find your State Below to Download the Forms: 

 

Landlord Tenant – Notices and Letters – Alabama

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AL-1039LT

Landlord Tenant – Notices and Letters – Alaska

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AK-1039LT

Landlord Tenant – Notices and Letters – Arizona

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AZ-1039LT

Landlord Tenant – Notices and Letters – Arkansas

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AR-1039LT

Landlord Tenant – Notices and Letters – California

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – CA-1039LT

Landlord Tenant – Notices and Letters – Colorado

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – CO-1039LT

Landlord Tenant – Notices and Letters – Connecticut

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – CT-1039LT

Landlord Tenant – Notices and Letters – Delaware

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – DE-1039LT

Landlord Tenant – Notices and Letters – District of Columbia

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – DC-1039LT

Landlord Tenant – Notices and Letters – Georgia

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – GA-1039LT

Landlord Tenant – Notices and Letters – Hawaii

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – HI-1039LT

Landlord Tenant – Notices and Letters – Idaho

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – ID-1039LT

Landlord Tenant – Notices and Letters – Illinois

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – IL-1039LT

Landlord Tenant – Notices and Letters – Indiana

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – IN-1039LT

Landlord Tenant – Notices and Letters – Iowa

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – IA-1039LT

Landlord Tenant – Notices and Letters – Kentucky

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – KY-1039LT

Landlord Tenant – Notices and Letters – Louisiana

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – LA-1039LT

Landlord Tenant – Notices and Letters – Maine

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – ME-1039LT

Landlord Tenant – Notices and Letters – Maryland

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MD-1039LT

Landlord Tenant – Notices and Letters – Massachusetts

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MA-1039LT

Landlord Tenant – Notices and Letters – Michigan

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MI-1039LT

Landlord Tenant – Notices and Letters – Minnesota

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MN-1039LT

Landlord Tenant – Notices and Letters – Mississippi

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MS-1039LT

Landlord Tenant – Notices and Letters – Missouri

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MO-1039LT

Landlord Tenant – Notices and Letters – Montana

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MT-1039LT

Landlord Tenant – Notices and Letters – Nebraska

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NE-1039LT

Landlord Tenant – Notices and Letters – New Hampshire

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NH-1039LT

Landlord Tenant – Notices and Letters – New Jersey

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NJ-1039LT

Landlord Tenant – Notices and Letters – New Mexico

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NM-1039LT

Landlord Tenant – Notices and Letters – North Dakota

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – ND-1039LT

Landlord Tenant – Notices and Letters – Ohio

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – OH-1039LT

Landlord Tenant – Notices and Letters – Oklahoma

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – OK-1039LT

Landlord Tenant – Notices and Letters – Oregon

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – OR-1039LT

 

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If you want a family member to leave your home

If you want a family member to leave your home

  • Posted: Feb 05, 2022
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If you want a family member to leave your home, you must follow an eviction process similar to the one for a formal tenant.

 

In most states, you can evict any family member over the age of 18. Regulations regarding eviction vary, so make sure you follow the specific procedure for your location.

 

Step 1

Gather documents relating to your home and the person you wish to evict. These may include documentation proving you own the home, copies of any rent checks the family member has paid you, and a blank eviction notice form.

Step 2

Give written notice to the family member, informing him or her that you wish them to leave. Legally, you must give this written notice with sufficient time for a response.  A 30-day notice period is common. Regulations vary, though, so follow the requirements for the state and city where you live.

Step 3

Wait out the notice period. If your family member does not leave the home at the end of the period stipulated in your written notice, you will need to start eviction proceedings.

Step 4

Fill out the eviction notice form. Include all required information, such as the person’s name, the address of your home, and a reason for the eviction. The reason can be as simple as failure to pay rent, or a failure to meet expectations of living at the home. Keep any personal attacks out of your eviction documentation, and be clear and concise.

Step 5

Make two copies of the eviction notice you have filled in. Ask the family member you wish to evict to sign and date both copies. Give one copy to the family member and keep the other copy for yourself.

Step 6

File for a court hearing if the family member refuses to leave the home after being served with an eviction notice. Again, there may be a minimum waiting period before you can go to court. At the hearing, the judge can issue an order of eviction. This will enable you to call for assistance from law enforcement if it’s necessary to remove your family member from the home.

Find and learn the process of an eviction in the State your property is located in.

Each State has different things to do in an eviction, This is called the process of an eviction. Most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction. Learn The Eviction Process in your State. Landlords and Tenants find information on how to evict a tenant or how to defend an eviction.

Find the Eviction Process in the State you live in!

Landlord Help: Filing Evictions

The Process for an Eviction has different steps; Let us help you with filing Evictions in your State.

Tenants Help, Defending Evictions

Tenants have rights learn how to answer the eviction, along with the laws that protect you in your State.

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WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME What happens?

WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME What happens?

  • Posted: Jan 24, 2022
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WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME

I just found out my landlord is selling my rental house – what does this mean for my housing situation?

 

TERM LEASE AGREEMENT

A term lease agreement is a housing agreement between landlord and tenant for a designated amount of time, typically 6-months to one year. If you learn about the sale of your rental property, and you still have a few months left on your lease agreement, your new landlord will not be able to kick you out.

When a buyer purchases a renter-occupied home, he must agree to take over the lease and honor the terms the tenant signed. A buyer can ask the renter to sign a new lease with him, but technically the tenant does not have to.

EXCEPTIONS TO HONORING A TERM LEASE

The only exception would be if your lease agreement has special conditions regarding a property sale. If your state allows it, your lease could contain language that says something along the lines of, “in the event of the sale, the current lease agreement will be void once a new owner takes over the property”. While it is possible that your lease could have this type of property sale clause, they are not very common.

Another exception would be if you and your landlord mutually agree to end the lease agreement, and you agree to move out on a designated date. In these cases, the tenant can have some leverage to ask for relocation fees from the landlord, since you are doing them a favor by moving out.

MONTH-TO-MONTH LEASE AGREEMENTS

If your current lease agreement is a month-to-month tenancy, you have less security when it comes to staying at the property during a sale.

If your landlord wants you to move out prior to an official sale, he merely has to provide you with proper notice to end tenancy and move out on a specified date. Most states require a landlord to give a tenant anywhere from 30-60 notice informing a tenant that tenancy will end and they need to move out. Some cities have even more lenient timelines, for example, landlords in Portland, OR, must give their tenants 90-days notice to vacate.

Remember, these notices to vacate are not evictions. They are friendly terms of ending a rental tenancy with your current landlord. While it can be shocking to learn you have to move, that is one of the realities of being a renter, your landlord can choose to sell his rental property at any time.

HOW TO HANDLE THE SALE PROCESS

Talk to your landlord. Hopefully, your landlord will be upfront about his intentions to sell the property and keep you informed as to whether he hopes to sell to another investor who will keep the property as a rental. He could be selling the property for any number of reasons, and the more friendly you are during the process, the more likely he will be to encourage the new buyer to keep you as a long-term tenant.

WORKING WITH A REAL ESTATE AGENT

A potentially frustrating part of living in a rental that is in the process of being sold is dealing with showings, inspections, and any property upgrades seller decides to complete the sale. These types of typical selling activities can be a huge disruption to a renter who wants to live in peace.

A lot of tenants feel uncomfortable with the idea of strangers constantly coming through their homes during open houses and showings. Unfortunately, there is little a tenant can do to complain about this part of the process. Your landlord must give you 24 hours notice (or whatever the notice requirement for your state is) before a real estate agent, inspector, or anyone shows up and enters your property – but he does not have to accommodate your request to always be present during these events. Try to work with your landlord to come up with a solution where you feel comfortable and your landlord is still able to sell his home. Remember the more accommodating you are during the sale process, the faster it could be sold and this whole ordeal will be over.

It is not acceptable for a real estate agent to just show up and enter the property unannounced. They must provide advanced noticed according to your state laws for entering the property. If this keeps happening, you need to speak with your landlord so he can relay the laws to the agent who may be unaware

 

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Landlord Tenant Lawyers Q & A on Facebook

Landlord Tenant Lawyers Q & A on Facebook

  • Posted: Jan 24, 2022
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Landlord Tenant Lawyers Q & A, On Facebook

https://www.facebook.com/groups/LandlordTenantLawyersDirectory

Ask Questions Get Answers

Learn the Eviction Process in the State your Property is Located. Each State has different things to do in an eviction, most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction. Learn The Eviction Process in your State. Landlords and Tenants find information on how to evict a tenant or how to defend an eviction.
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