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Sometimes the manager must use the eviction process to get full attention from tenant or finally to regain possession of the rental property. The Eviction Process starts for nine reasons specified by law: -- Nonpayment of rent; -- Extensive and continuing physical injury to property; -- Serious and continuing health hazard; -- Illegal drug activity and formal police report filed (lease provision must allow for termination); -- Violation of the lease provision and the lease allows for termination; -- Forceful entry OR peaceful entry, but forceful stay OR trespass; -- Holding over after natural expiration of lease term; -- "Just cause" for terminating tenant of mobile home park; -- "Just cause" for terminating tenant of government-subsidized housing; The Eviction Process starts with a proper Notice of Eviction and may involve court appearances and a trial. An Order of Eviction may be issued and a court officer or someone from the sheriff' office may remove the tenant and tenant' personal items from the rental property. However, there are many steps in the eviction process before the tenant is physically removed. Most managers and tenants reach a settlement or agreement long before the matter moves that far. Most of my legal actions are for nonpayment of rent. At this moment the tenant sees that I am ready to evict him/her legally with the district court help, he/she is coming with rent money. We accept the money and are ready to restart the eviction process later, if necessary. If no payment, minutes before the trial my lawyer is reading to the tenant the amount due now and the court cost in top of that. Usually the tenant recognizes these numbers are correct. Then, right there before getting in front of the judge I say: "I will forget all money due if you leave the apartment in 24 hours" and my lawyer is writing my offer for judge.

Inside the court the judge is telling the tenant his options at this time, including my last minute offer. Sometimes the tenant is leaving in 24 hours and we can start cleaning. If he/she is not leaving in 24 hours, in about 10 days, my lawyer is asking the court to issue the Order of Eviction to regain apartment possession with sheriff' help. If the tenant leaves without forwarding address before I get the Order of Eviction I have two options: take possession, change the locks and forget about money judgment or complete the eviction process and mark that individual' credit report to acknowledge other landlords what kind of person he/she is. The tenant credit report will have the court judgment date and the money damage listed, available for next application time. I consider most eviction as miscommunication and I do all efforts from my part to explain to tenant his options before he/she gets stuck with an Order of Eviction. Sometimes the bad tenant does not care about consequences and "enjoys" some free rent weeks; for sure, but not free rent months from us. The eviction process starts with proper Notice of Eviction. The notice may allow the tenant time to correct the problem (like paying the rent if nonpayment of rent is the reason for eviction). While many district courts provide standard eviction forms, a letter can accomplish the same as long it contains all of the following: - Tenant' name; - Address or rental property description; - Reason for the eviction; - Time to take the remedial action; - Date; and - Landlord' signature. Each reason for eviction has a specific amount of time that must pass before the landlord may commence a lawsuit - either 24 hours or 7 days or 30 days. Once the proper notice is prepared it must be delivered to the tenant: In person to the tenant or by first-class mail. The notice is addressed to the tenant and all occupants. The tenant is not required to move out when the eviction notice expires -- he/she may have a valid defense to the landlord' reason for eviction. Expiration of 24 hours or 7 days or 30 days time period only enables the landlord/ manager to file a lawsuit. Rental property law is all about Fair Housing here in the U.S.A. The Rental Property Law history is

fascinating to me. Today' racial and cultural diversity landscape is the result of discriminatory practices and many battles to change that over time.

The Civil Rights Act of 1866 stated that: All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property." This act set the stage for Lincoln' Emancipation Proclamation and ultimately led to the Civil War. The Federal Fair Housing Act of 1968 prohibits discrimination in housing on the basis of race, color, religion, or national origin. In 1975 was added the prohibition against discrimination on basis of sex. The real enforcement came later with the 1988 Amendments to the Fair Housing Act, when the Congress passed and added to the protected classes individuals with a handicap (mental or physical disability that impairs any of their life functions) and families with young children (an adult with children under 18, a person who is pregnant, or one who has legal custody of a child or who is in process of obtaining such custody).

The Fair Housing Act is enforced through the Office of Equal Opportunity, Department of Housing and Urban Development (HUD). An administrative law judge may impose a civil penalty of up to $10,000 for a first offense, and $25,000 if another violation occurs in seven years. An individual can be fined $25,000 or $50,000 without limitation in time, if he or she engages in multiple discriminatory practices. The real estate brokers should prominently display the Fair Housing Poster. Failure to display the poster could be conclusive proof of failure to comply with the federal law. We have freedom, rights and responsibilities in the U.S.A. Do we know them? For the Real Estate business we need at least three kinds of lawyers:

Attorney at Law for Landlord/Tenant Matters;

Transactional attorney for closings and contracts; Attorney in Business structures and Taxation Law; To be on the safe side join an Investor Club or a Landlord Association in your area and get referrals for your needs. Visit my website at the above link Thanks,

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