Eviction.
Evicting an individual from your property can be a daunting and time-consuming task. To lawfully evict a tenant, landlords must have a valid legal reason. The three primary legal grounds for eviction are:
Breach of Lease: The tenant has violated terms specified in the lease agreement.
Termination of Lease Term: The lease period has ended.
Nonpayment of Rent: The tenant has failed to pay rent as agreed.
In Philadelphia County, if the lease term is less than one year, landlords are required to have "good cause" to evict a tenant upon termination of the lease. The definition of "good cause" is provided in Section 9-804 of the Philadelphia Code.
Consulting with a Philadelphia eviction lawyer can help you identify the most effective legal basis for removing an unwanted tenant. Below are ten steps to expedite the eviction process. For personalized advice tailored to your situation, consider speaking with a Philadelphia landlord-tenant attorney.
Creating a Lease Agreement.
The lease agreement is a critical document that outlines the obligations and rights of both parties. For landlords, drafting a thorough and precise lease is essential to facilitate the eviction process if it becomes necessary.
One important aspect to consider is including a clause that waives the notice to vacate requirement. Without this waiver, tenants may have additional legal defenses that can complicate eviction proceedings. Additionally, deciding between a month-to-month lease and an annual term at the beginning of the tenancy can impact your ability to manage the rental effectively. Month-to-month leases often provide more flexibility and can make it easier to terminate the agreement if issues arise.
A comprehensive lease can also include provisions that award attorney's fees to the landlord or the prevailing party in case of legal disputes. Incorporating such clauses can significantly improve your chances of a favorable outcome should you need to evict a tenant.
Given these considerations, collaborating with a tenant to draft a strong lease agreement is crucial. While generic lease templates are available, consulting a Philadelphia eviction lawyer can ensure the lease is tailored to your specific objectives and complies with local laws. Many attorneys offer these services on an hourly basis, and investing in professional legal assistance can provide peace of mind. Should the landlord-tenant relationship deteriorate, you will be prepared to initiate eviction proceedings promptly and efficiently.
Be clear, be confident and don’t overthink it. The beauty of your story is that it’s going to continue to evolve and your site can evolve with it. Your goal should be to make it feel right for right now. Later will take care of itself. It always does.
