Some states also provide the tenant a statutory period of resolving the breach before which an eviction can occur. Knowing whether your landlord has an obligation to store your property for a while after the eviction is very important. In some states, there are courts set aside to listen to matters revolving around tenancy and tenant evictions.

Comprehend any laws governing formal, court-administered eviction:All states have laws that govern how landlords may evict tenants from their premises.

The landlord may be found liable for conversion or breach of the tenant’s lease for disposing-off any property that they had not been authorized to seize or dispose of. Some items left behind by the tenant may still be of value to the tenant.

Any “Abandoned” Personal Property carries its own risk:Landlords and property managers have to be very careful when recapturing any properties that may appear abandoned by the tenant.

Without a court order authorizing evection of a tenant, the landlord may be liable for trespass along with liability under the tenants’ lease if the landlord takes steps to evict a tenant – in as much as the tenant may be in default of the lease and would have otherwise have been subject to eviction.

Nevertheless, you should check with your attorney before resorting to self-help as many jurisdictions from upon landlords taking matters into their own hands.

Most jurisdictions permit self-help in such situations if it works, it works.

Commence self-help only if it is clear that acting alone is appropriate:A landlord may assume that a tenant is in default, thereby evicting them without resorting to a process of law.

Failing to check the lease may set the landlord in a potentially expensive and embarrassing counterclaim, which they may not be well prepared to handle.For instance, the lease may provide that the tenant be allowed to correct the breach within a specified period before taking further actions against them. It is essential to go through the signed lease to check on the provisions set by the lease in the event of default by the tenant. Make sure the tenant is in default: In as much as it may seem like a pretty straight forward issue, it is vital to ensure that a tenant is in default before taking any extreme measures against them.

Notice of default letter to tenant