Nonpayment of rent cases
Evicting a tenant is one of the most thankless but sometimes necessary tasks that come with being a landlord. The most common reason for owners and property managers to evict a tenant is for nonpayment of rent. Yet the unlawful detainer (eviction) process is fraught with potential pitfalls. When a tenant fails to pay rent or is chronically late, notices have to be prepared and served correctly, timelines are unforgiving, and landlords often make simple mistakes that tank the eviction case.
MT Evictions will ensure that all of the I’s are dotted and the T’s are crossed. If mistakes are made, you'll have to start the unlawful detainer process all over again. We will get the job right the first time.
"Cash for keys" and tenant buyout agreements
Sometimes, eviction actions take a turn on us, and it has nothing to do with our office. One of the biggest variables in our success is which tenants’ attorney is retained and how hard they fight. If it becomes too costly to remove the tenant by going through the courts, or if you want to avoid litigation to begin with, it might be easier to simply pay the tenant to voluntarily leave. This has become to be known as “cash for keys.”
On the other hand, tenant surrender of possession agreements (also known as tenant buyout agreements) has the added benefit of removing any residue down the road. In these agreements, the tenant agrees to voluntarily vacate the unit in exchange for compensation, a rent waiver, or both, but they are also agreeing to surrender any legal claims that may arise from the tenancy.
Small claims actions to recover debt accrued during the pandemic
Fearing a tsunami of evictions, lawmakers have said that tenants who have missed rent during the COVID-19 pandemic cannot be evicted for nonpayment of back rent. Instead, any rent debt accumulated during the crisis will be treated as consumer debt and the landlord’s only resource is in small claims court, although if the debt exceeds $10,000, you can go to Superior Court.
MT Evictions can help you recover this debt by filing the requisite paperwork. One nuance in small claims court is that you cannot be represented by an attorney unless the defendant appeals. Rest assured, we can coach you so that you can best prepare to make your case.
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Owner move-in and relative move-in evictions (OMI/RMI)
Sometimes, an owner or close relative wants to recover a tenant-occupied rental unit for their own use. Homeowners who just stretched for a huge mortgage may want to move into their new home, but must first transition tenants out. MT Evictions can help owners access their property by effectuating a legal Owner move-in or Relative move-in eviction given some information about the property and its history of current and past tenancies.
When tenants are evicted through no fault of their own, he or she is entitled to relocation payments and landlords may be required to dole out additional money to certain vulnerable individuals. We understand these rules and will ensure you remain compliant with the law.
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