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NationalEvictions Directory is open for Clients to find Process Servers in their State

NationalEvictions Directory is open for Clients to find Process Servers in their State

  • Posted: Aug 10, 2020
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When Clients that own property, manage property along with Law Firms that are looking for Service of their LawSuits and Summons to be served.  These Clients can find Process Servers in the States they need Service in.

 

Finding information for Evictions can be a run around for many Landlords as well as Tenants. We started NationalEvictions to give property owners everything they will need to first understand the Eviction Process in their State, and with this find the Forms needed to File Evictions and next When it comes time to file the evictions find Companies that are ready to aid them with everything from Filing an Eviction LawSuit to the Service of the Official Court Documents.

 

Let us point out over the many years of being Property Owners we have had to jump to three and even up to 5 different websites to find the information on how to conduct an eviction. The information was short on information but many of the websites were selling forms this angered us. When it came time for a Tenant to find out about how to defend an Eviction there were many websites that were Lawyers that offered this at a price. So for us offering this information for Free seemed logical. When you are in a position of being evicted and dont know who to talk to or a Landlord that needs to protect their investment NationalEvictions should be one place that they can Find Everything for an Eviction in the States the property is located in! < (Our Motto)

 

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Articles written by many of the Top Industry Leaders, Learn about information in your State or read the articles in One of our Categories.

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Our Listed members can send us information we publish to all of our Social Media Pages and post on our Blog where we have over 20,000 Subscribers located all over the Country.

 

 

 

Becoming part of NationalEvictionNetwork and getting your company listed on our Directory adds the ability for many companies Law Firms, Process Servers, Filing Companies to be found by Clients all over the United States. when you are listed and our member remember to send us articles, company information, specials you might be running or sales for the Services you provide NationalEvictions reposts all of these on our blog pages and on our Social Media Pages.  With us you dont sit on a Directory we market you and your company to the many subscribers we already have and let new clients find you and us through the posted information.

 

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NationalEvictions.com

We started this to help the many Landlords, Property Owners & Investors with finding information about evictions. We added directories where clients can find: Law Firms, Process Servers, Public Notaries in the states they live in. We offer this information not excluding Tenants, there are times when tenants rights have been violated and NationalEvictions has the information to help Tenants defend and answer an eviction with information and links in the States they live in.

As Property Owners we understand the Eviction Process is complicated, We have Companies in every state that we partnered with to help Landlords with Filing Evictions. Contact us

 

NationalEvictions.com
Call us: 561-756-3540
E-Mail: nationalevictions@yahoo.com

 

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Overview of Georgia Law on Kicking Someone Out

Overview of Georgia Law on Kicking Someone Out

  • Posted: Jul 13, 2020
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In Georgia, a “guest” is present at your invitation which you can revoke at any time. There’s a fine line between a “guest” and a “tenant,” however, and you should be very clear about your guest’s legal status before you try to throw them out.

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Overview of Georgia Law on Kicking Someone Out

If your guest has paid no rent and has provided no services in lieu of rent, then that person is considered a house guest. Bona fide house guests, known as invitees, have no rights under Georgia law and you can get them out very quickly. If, on the other hand, your guest pays some rent or helps with chores such as housework or babysitting, then he is properly considered a tenant. And tenants have renters’ rights under Georgia law.

 

How to Figure Out the Legal Status of Your Guest

Georgia courts have inferred a tenancy as little as two weeks after a house guest moved in, in which there was an intention to pay rent. So, the safest approach is to assume that a tenancy has been created, especially when evicting family members from your home. You don’t need a written lease to create a landlord/tenant relationship, and you don’t need to charge market rent. Paying just a few dollars a week towards the groceries or taking out the trash will turn the guest into a tenant in most cases. In fact, the guest may not have to part with a single dime. As long as there’s an intention to pay rent or provide services, the courts may decide that you’ve created a legal tenancy.

 

How to Remove a Bona Fide House Guest

Assuming your guest meets the definition of a bona fide house guest, you don’t actually have to “evict” him. Eviction is the process of removing legal tenants from a property, and your guest is not a tenant. Once the guest has overstayed her welcome, all you have to do is call the police and tell them that the guest is trespassing on your property. Don’t try to forcibly remove your guest without a police presence – this could expose you to a lawsuit for assault. It’s helpful, though not essential, to give the guest 24 hours’ written notice to leave. This gives the guest time to move out before you call the police.

 

How to Evict a Guest With Tenant Status

To evict a tenant, you have to file and win a formal eviction process through your local county court. Start the process by serving an eviction notice giving the tenant written notice to move out. Georgia law does not specify the length of the notice so in theory, you could give the guest as little as 24 hours to leave. However, you must wait until the “lease” is ended before serving the eviction notice. When evicting a family member with no lease in Georgia, it’s wise to assume that the guest has a month-to-month tenancy which needs a 60-day notice to quit. Follow this up by filing an eviction lawsuit with the court if the guest does not leave when the 60 days is up. The court clerk can provide information and the relevant court forms.

 

Landlords help with Filing
Learn the Eviction Process

 

Things to Look Out For

Take care that you don’t accept money from the guest after serving an eviction notice. This could create a new tenancy and put you back at square one. Be aware too, that the guest may choose to fight an eviction lawsuit, even if you believe that an eviction is justified. This could increase the length of time the court action takes, and you may have to argue your position in front of a judge. If you are not sure whether the guest is a tenant or not, or what type of tenancy he has, you should talk to a lawyer before you decide what to do next.

 

A Georgia landlord can evict a tenant, force him to leave the building he is renting, if the tenant fails to pay rent, won’t leave the premises when the lease term ends, or breaks the terms of the lease (if the lease states that this breach may result in eviction). The landlord must go through the courts to legally evict a tenant.

 

Process  – Georgia Eviction Process

To evict a tenant in Georgia, the landlord must give the tenant notice, preferably in writing, to vacate the premises, and indicate the reason for eviction. If the tenant does not leave, the landlord must then file a “dispossessory affidavit” stating that the tenant is violating the lease terms. The sheriff’s department will then serve this paperwork on the tenant, who must respond within 7 days. If the tenant still fails to respond, the sheriff may force the tenant to vacate.

 

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Mistakes New Landlords Make

Mistakes New Landlords Make

  • Posted: Jun 12, 2020
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Mistakes New Landlords Make

If you are a new landlord or are considering becoming a landlord, the following advice is extremely helpful. This is your opportunity to learn from other landlords’ mishaps. Avoid these 10 common mistakes and you’ll be on your way to becoming a successful, seasoned real estate investor (one that makes money instead of losing it)!

Buying the Wrong Property
Your money is made or lost when you buy that rental property.  Always remember this:  If you are trying a little too hard to make the numbers work on paper, then move on.  There is nothing worse than a negative cash-flow property.  You might rationalize that it is still a good investment and will go up over time, but month after month of losing money starts to suck really quickly.  Only buy a property that you know will cash-flow after PITI (principal, interest, taxes, insurance), repairs and vacancies!

Renting to the Wrong Tenants
When you have a rental property that has been vacant for over a month, and you finally get an application, it can be a relief.  But do not get too excited too quickly!  There is only one thing worse than a vacant rental… A rental occupied by a tenant that is tearing it up and not paying rent!  You make a costly mistake (think thousands, not hundreds) when you rent to a tenant without vetting them first.  You should tell the applicant that you do a credit check and criminal background check.  You should ask for paystubs and other proof of income.  If their story does not add up, or if they will not let you check them out, then move on!

 

 

Wasting Money on Unnecessary Upgrades
When I bought my first rental property, I was excited.  I decided that I was going to fix it up and make it the best house on the street.  I spent a lot of time and money doing landscaping, upgrading light fixtures, and doing what could be called “light remodeling.”  Now 7 years later, I realize that this was a waste.  The rent that the property brings in is controlled mostly by market conditions and the square foot of the property, not by the fancy shrubs I planted.  Your property should be up to code, safe, and look nice.  But don’t dump money into it as if it were your own home.

Not Checking in on Tenants
If you have not heard from your tenants in a while, it is tempting to just leave them alone as long as they are paying the rent.  Sometimes you don’t want to bother them because you don’t want them to ask for repairs.  This is a bad habit.  If you have not heard from them in a long time, they could be destroying the place.  Always check in with them every few months, and do an annual inspection of the property.  It will save you a lot of money and headaches in the long run.

Underestimating Costs
Always assume you will have a few costly repairs every year.  Air conditioners go out.  Heaters and furnaces break.  Plumbing issues arise with frequency.  I recommend leaving extra money in your bank account (let’s call it reserves) so when something breaks you can afford to fix it.  Remember, you have a legal obligation to your tenant to fix certain things, and you need to make sure that you can do it timely.  Don’t rent your property and assume that your repairs will be minimal… they won’t be!

Not Using a Lease
Don’t rent to a tenant without a lease.  If you do, by default your state’s laws will dictate the terms of your agreement with that tenant, which may not be favorable to you.  The tenant will also most likely be deemed to be in a month-to-month tenancy, which means they can leave at any time with a month’s notice to you.  By you using a lease, you can put terms and conditions in the lease that are favorable to you, and you will know that the property will be occupied and rented for that lease term.  Always use a lease!

 

 

Accepting a Personal Check for the Deposit and First Month’s Rent
Once I leased a property for $1,500 per month.  The deposit (also $1,500) and the first month’s rent of $1,500 were paid to me with a personal check ($3,000 total).  I took the property off the market, the tenants moved in, and I deposited the check.  After a few days the $3,000 check bounced!  I called the tenants and they said they changed their minds, so they cancelled the check.  I had to do a ton of work (locks, putting property back on market, etc.) to get the place rented again.  I would have been entitled to keep most if not all of the $3,000 if I had it. The lesson:  When you exchange keys for money, ALWAYS demand that it be in cash or certified funds.  Apartments do it this way, and so should you.

Not Being Strict About Timely Rent Payment
There is a saying that it is better to be strict now than later.  When you are going over the lease with the tenant, tell them that you have a “zero-tolerance” policy for late rent payments and that you start eviction proceedings on the 3rd day of the month if rent is not paid (or whatever day your state allows).  Have them initial this part in the lease.  This way, when they are nearing the end of the month and are thinking of which bill they can short, skip, or delay, they will remember that you are not one of those.  If you let your tenant think that they can pay you late, then they will.  You should also strictly enforce late fees.

Evicting Too Late
Once your tenant is late on rent, serve your eviction notice immediately.  They need to know that you don’t play games.  Too many landlords try to be “nice” and let the tenants pay late, later, and later.  Eventually they are months behind on the rent and the landlord has lost a ton of money.  By serving the eviction notice right away, you will either get paid as you should, or you will remove a tenant that was never going to pay you anyway.  Your rental property is a business.  Treat it as such.

Not Keeping Proper Insurance
If you have a mortgage on the property, you will likely be required to have hazard insurance, protecting the property from fire, etc.  Make sure your policy also has liability insurance protection, to protect you if the tenant sues you for damages arising from your negligence of some sort.  If the policy does not have liability protection, see if you can have your homeowners insurance on your primary residence extend liability protection to your rental property (this is usually very affordable).  If not, you should consider buying an umbrella policy or some policy that will protect you in that way.  The last thing you need is to get a judgment against you for something that should have been covered by insurance.

 

Landlords can find everything needed for an Eviction on NationalEvictions.com 

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Florida Security Deposit Law

Florida Security Deposit Law

  • Posted: Jun 12, 2020
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Florida Security Deposit Law

It is always important to require tenants to put down a security deposit prior to move-in. It is equally as important to understand the security deposit laws that apply specifically to the state of Florida. In addition, the city or town where your property is located may have laws that differ slightly from the laws that apply to Florida as a whole, so you should always check with your local government to make sure you are adhering to the proper rules.

 

Is There a Security Deposit Limit in Florida?

In the state of Florida, there is no limit on the amount of security deposit you can charge. The more you charge, however, the more you are limiting your prospective tenant pool. There is really no need to charge more than one and a half or two months’ rent. This amount will help protect you against potential damage, eviction and vacancy costs.

 

 

How Must You Store the Security Deposit in Florida?

The state of Florida allows you a few different options when storing a tenant’s security deposit. You can do one of three things:

  1. Non-Interest Bearing Account– The landlord has the option of placing the tenant’s security deposit in a non-interest bearing bank account in the state of Florida. The landlord must not commingle the money with any other funds or use any of the money before it is actually due to him or her.
  2. Interest Bearing Account– The landlord has the option of placing the tenant’s security deposit in an interest bearing bank account in the state of Florida. The landlord is required to pay the tenant the interest accumulated on the account annually and at the end of the lease term. (The landlord can elect to pay the tenant at least 75% of the annualized interest or simple interest of 5%). The interest can be paid directly to the tenant or the interest can be credited back to the tenant in the form of rent. The landlord must not commingle the money with any other funds or use any of the money before it is actually due to him or her. If the tenant breaks their lease, no interest is due to the tenant.
  3. Surety Bond– The landlord can post a surety bond for the amount of the security deposit, or $50,000, whichever is less. The surety bond must be posted in the county where the rental property is located. A surety bond is meant to protect the obligee if the principal does not fulfill their obligations. In this case, the tenant is the obligee and the landlord is the principal. The landlord must also pay the tenant five percent interest annually on the bond.

 

Is Written Notice Required After Receipt of the Security Deposit in Florida?

Yes. A landlord is required to notify the tenant in writing no more than 30 days after receipt of the security deposit. The notice shall state:

  • A. The name and address of the bank or institution where the security deposit is being held.
  • B. If the tenant’s funds are being kept separate or if they are being commingled with other funds for the benefit of the tenant
  • C. The interest rate at which the security deposit is being held (if it is being held in an interest bearing account)
  • D. This notice can be delivered by mail or in person.

In addition, if the landlord changes the location or the terms at which the security deposit is being held, he or she must again notify the tenant in writing within 30 days.

 

 

 

What Are Some Reasons You Can Keep a Tenant’s Security Deposit in Florida?

In Florida, landlords may be able to make deductions from the security deposit to cover unpaid rent, damage to the apartment in excess of normal wear and tear and other violations of the lease agreement.

 

Is a Walk Through Inspection Required in Florida?

No, in the state of Florida, a landlord is not required to do a walk through inspection prior to move out. Most States this is the Same. – BUT YOU SHOULD TAKE FULL PICTURES OF THE UNIT, DATE AND TIME STAMPED

WALK EACH ROOM AND TAKE NOTES, AND HAVE THE MOVE IN PICTURES READY TO SHOW THE CONDITION WHEN YOU MOVED IN IT WAS CLEAN AND AT TIMES BETTER THEN WHEN YOU MOVE OUT!

THE SECURITY IS NOT THE OWNERS OR LANDLORDS RIGHT TO KEEP 

 

When Must You Return a Tenant’s Security Deposit in Florida?

If you plan to return the security deposit in full:

You must return the security deposit within 15 days of termination of lease along with any interest the tenant has earned on the security deposit.

If you plan to keep a portion of the security deposit:

You have 30 days from the termination of lease to notify the tenant in writing of your intention to keep a portion of their security deposit. You must:

  • A. Send this notice by certified mail to the address you have on file for the tenant. It is the tenant’s responsibility to provide you with a forwarding address. If they do not, the landlord is not required to provide them with written notice of the security deposit.
  • B. State your intention to keep a portion or all of the security deposit and list the reasons why
  • C. Inform the tenant they have 15 days from receipt of this letter to contest it, but they must contest it in writing.

 

The Florida Statute suggests using a statement similar to this one:

“This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to___ . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .”

If you, the landlord, fail to notify the tenant in writing within 30 days, you automatically forfeit your right to keep any portion of the security deposit.

If the tenant does not object to your claim on the security deposit:

You can deduct the amount you had claimed and then return the remainder of the security deposit to the tenant within 30 days of your initial written notice.

If the tenant does object to your claim:

The matter could go to court. Whichever party wins will be entitled to the court awarded sum, plus will be allowed to recover court costs and attorney fees from the losing party.

 



What Happens to the Security Deposit If You Sell Your Property?


If you sell your rental property, it is your responsibility to transfer the security deposits and any interest earned to the new buyer. A written receipt must also be creating showing the amount that has been transferred. You will then be relieved of any responsibility for holding the money on the tenant’s behalf. If you did violate any security terms before the transfer, you will still be held responsible for those violations.


 


What is Florida’s Security Deposit Law?


For the original text of the rule garnering security deposits in Florida, please consult Statute 83.49 which refers to the deposit of money or advanced rent in residential tenancies.


 


 


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				Tenants: On The Edge Of Eviction?  Paying Rent comes First!
			
		


	
	
Tenants: On The Edge Of Eviction?  Paying Rent comes First!


	


		
    
			
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				Posted: Jun 10, 2020			
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Every morning for weeks, This Tenant made the same phone call:  To see if that day was the day she’d be evicted from her home.


 


She faced eviction because she couldn’t pay rent on her three-bedroom apartment, she lived where many of the city’s poorest residents live.


It can sometimes take weeks before the marshals actually show up at your door, and she fully expected to be homeless any day!


“And it’s like really scary,” the 28-year-old said. “I try so hard not to cry. Like, I would be like, ‘Oh my God, if they come today, what am I gonna do?’ ”


I first met Limes outside the courtroom of the Landlord and Tenant Branch of the Superior Court, where tenants go when they’ve been sued by their landlords for not paying rent.


That day, a judge ordered a writ of restitution — directions for the marshals to begin eviction proceedings.


Limes wore a black apron and purple shirt with the logo of a local grocery store where she works part time. When the judge asked why she owed more than $3,300, Limes said she was struggling to make ends meet.


“And basically he was like, ‘So the only reason why you’re behind on rent is because you can’t pay rent?’ And I was like, ‘Yeah, that’s the only thing,’ and he was just looking at me like, he said, ‘We’ll send out a writ,’ ” Limes recalls. “And I was just like, ‘Wow, like, is there any way I can get some help?’ ”


Limes is among the hundreds of thousands of Americans who face eviction because they simply can’t afford their rent. One in four low-income families pays more than 70 percent of its income on rent, leaving little money for other bills and almost no room for an unexpected expense.


According to the Harvard Research Center’s State of the Nation’s Housing report in 2018, rising rents and stagnating wages nationwide have contributed to a record number of cost-burdened renters — a situation that is worsened by the shortage of affordable housing for low-income tenants.


 








 


For many Tenants, Living On A Tight Margin is hard


Limes lives with her 4-year-old son and 8-year-old daughter. Her ailing father had been living with her, too, until he died recently.


“I also have my niece. She’s 18 and she’s been going from house to house,” Limes says. “So I told her just come stay with me until she get on her feet.”


Their apartment feels like someplace people are just passing through, with empty walls and plastic bins stuffed with clothes on the floor.


Limes is pretty typical of those who end up in rent court: She’s a single mother, juggling things on her own. She says the father of one of her children is in prison and the other is a deadbeat dad. She lost a full-time job last October; her new job is only 20 hours a week. At $10.50 an hour, that’s not nearly enough to cover her $1,275 monthly rent.


“They’re living on a very tight margin,” says Judge Judith Bartnoff, who presides over the D.C. court that includes the Landlord and Tenant Branch. “And if something happens, if somebody gets sick, if somebody gets hurt, if somebody loses their job, then it throws the whole system off.”


She thinks many of the thousands of tenants who come before the court each year can afford their rent at some point — but just barely.


 


Tenants help pages: learn your rights in any eviction


 


Eviction Means Losing More Than Just A Home


The hallway outside the landlord tenant courtroom is routinely packed with renters who are trying to work out deals with their landlords’ attorneys. Some offer payment plans so a tenant can catch up, but many renters just agree to move out. Or, like Limes, they resign themselves to eviction, which can make things worse.


“It really drives people deeper into a state of hardship,” says Matthew Desmond, a Harvard sociologist who spent more than a year following low-income renters and landlords in Milwaukee that he details in his new book, Evicted.


Desmond says evictions are not just a result of poverty but a cause. It makes lives more unstable. People don’t just lose their homes in evictions, he says.


 








 










Modern Rent Parties Highlight The Need For Affordable Housing











“But you often lose your neighborhood and your school. Children often have to switch schools and miss long stretches,” he says.


Families often end up in areas with more crime and poorer-quality housing, Desmond adds.


Limes says she is worried about that. She wants to move, but even studio apartments are $800 a month, which she can’t afford.


“It’s like I’m stuck here. I don’t know where else to go. I don’t want to go to the shelter. I’m trying to get help. But I can’t find help anywhere,” she says.


She did get some temporary aid from the city a few years ago, but permanent housing assistance is almost impossible to find. Limes applied eight years ago for housing vouchers to help cover her rent.


“And nothing. I’m still what, 1,000 something,” she says.


 


The way we see it:  For many developers the game of adding affordable housing is for Taxes and some considerations to build in areas of cities all over America.


If the Gov’t wanted they could set aside, buy and build areas for affordable living but in time the would become slums like other housing existing all over the country. New York, DC, Seattle, and other areas where good intentions gave way to the bad elements. There are Families that need help, Good hard working single moms that were abandoned by their Baby Daddies, I will not blame it on anything other then Education!  I was taught about money, Working hard at a job, when the time was right putting in my leave or Quitting and finding another paying more and moving up.  Many dont know this? or Schools never taught this? either way, they get locked into looking for help and assistance and back we are at Housing.. Make housing , Set rents lower and lock in these rates for 5 years at a time, in those 5 years teach these people about money, a requirement for living in these homes, apts. and at the end move them to the next with a little higher rents to be paid and by now they should have a savings acct, hopefully 2 working adults contributing to the Family Dynamic……………


 


No Homeless Shelter … For Now


Five weeks after my first visit with Limes, furniture was piled on the curb outside her apartment complex. There were mattresses, CDs, a flat-screen TV. Two other families had been evicted that day. But Limes was still waiting, worried that she and her kids would end up back in the city’s homeless shelter where they were in 2012.


“It was hard, and it’s like it was disgusting. And I don’t want to put my kids in that situation again,” she says.


A week later, Limes got a reprieve — but only a temporary one: She received her earned income tax credit check from the IRS and was able to pay off what she owed.


She still has to worry about next month’s rent.


 








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