A dispute between landlords and tenants can often be complicated and sensitive simply because it touches on the fundamental need for shelter. These issues can quickly become legal matters that require the guidance of due process to properly handle.
Once legal proceedings have begun, one way to reduce the variables of an already complex situation is by hiring process servers to deliver important court documents. There are several compelling reasons for this. They will be discussed further below.
Landlord-Tenant Disputes that Process Servers can Help Resolve
First of all, it is important to identify what kinds of disputes or situations between landlords and tenants that process servers can help resolve. Here are a few examples.
- Eviction – the most common landlord and tenant dispute that involves the courts is eviction. For a landlord, there are generally three reasons for evicting a tenant.
- Failure to pay – this is fairly straightforward. The landlord begins eviction proceedings because the tenant has not paid the agreed-upon rent within the agreed-upon timeframe. These disputes can also be settled without the help of the court but when the parties involved are unable to come up with a resolution, eviction may be the option.
- Breach of lease – Most, if not all, rented properties will have a list of rules and regulations for tenants in the lease agreement including noise levels, proper garbage disposal, and others. If a tenant fails to comply with these rules, the landlord may file for eviction on the grounds of breach of the lease agreement.
- Unconditional eviction – since the landlord owns the property, they can opt to begin eviction proceedings for many reasons. In some cases, landlords do not want to be landlords anymore and they do not want to maintain the property. In other cases, the landlord may want a relative to move into the property instead.
- Roommate holdover – this type of eviction may be initiated by a tenant against another tenant over rent disputes or breach of the lease agreement. Some of these cases may also need the assistance of the landlord to begin the eviction process.
- Small Claims Court – Landlords are not the only ones who can initiate legal proceedings. Tenants can tap into the legal system via the small claims court, especially when dealing with financial disputes. In some cases, the landlord may be unlawfully holding on to the tenant’s deposit. Some cases may involve failure of the landlord to properly maintain the premises as habitable.
Why Use Process Servers for Resolving Landlord-Tenant Disputes
As mentioned earlier, the nature of these disputes calls for more experienced help. When the issues end up becoming legal matters, it is best to leave the service of process to professional process servers.
- Evasive tenants – when dealing with eviction proceedings in particular, tenants may become evasive. Since process servers are not recognized by the tenant, they will be in a better position to serve court documents.
- Emotional factor – whether there is anger, sadness, or other emotions involved in the dispute, process servers are unaffected and can properly fulfill the service of process.
- Impartial help – Process servers are impartial to the result of any of the cases they work on. This grants a clearer path to the case since process servers are only concerned with delivering legal papers properly and in a timely manner.