Rules Landlords Should Know Regarding Eviction

Before you decide to have your tenant evicted, know first that there are several rules that every landlord like you must follow upon doing the procedure. Eviction law protects both the tenant and the landlord so fair results are achieved without just one party being favored and sanctioned by the law; at least that’s the idea. Though they differ from state to state, these rules can be used by both parties to their advantage for as long as reasons are justified or statements are proven in the court proceedings. However, the process of pursuing this course of legal action is not easy and quite stressful especially to you as a landlord because you will be the petitioner or plaintiff. But if you hire a property manager, your business will be in the right hands.

To remove a tenant, it needs an order from the court. This is not a quick process; there are few laws to be considered or followed. And this is the expertise you’ll get from a certified property manager. Let’s say as an example after the tenant left, can the landlord claim his or her belongings? The answer is no. It’s because there are still certain rules a landlord must follow as even up to this part the tenant’s right to private property, for example, is still being protected by certain state laws. When a tenant leaves behind some of his or her belongings at your property, the landlord is still not allowed by the law to touch those properties. Instead, the landlord is obliged to contact the tenant and inform them that they have left their belongings. Then the obvious thing the landlord should do next is to tell the tenant that they have to pick up their belongings. However, there are also states that allow the landlord to decide about the property; varying on how many months the tenant has left and depending on the specific law of the state. Whatever the case is, the important thing is for the landlord to learn the laws first.

If the tenant refuses to leave even after losing from the case, what should the landlord do?

Because sometimes, some tenants still refuse to voluntarily give up their opportunity to occupy the unit or the house. When this happens, you must take the court order to the designated level of the police department, pay for the amount so the police department can enforce the court order. The eviction team officers then are asked to carry out the court order and make the tenant to leave the property. However, many tenants are aware of their rights as a renter and sometimes, these rights are being used strongly against the landlord. For example, a tenant may counter the landlord by using information fault or technical fault or perhaps using both. Keep in mind that sometimes, a tenant deliberately does this to distract the judge and gain sympathy. That’s why a landlord must be careful and be vigilant to the process before entangling itself into legal troubles that may cause them to pay expensive legal payments. Obviously, this will adversely affect the investment. Therefore the best thing to do is hire a manager for your rental property.  

When a tenant did something that violates the terms of the lease, meaning the contract agreement, the case may fall into a so-called “eviction notice cause”. This is classified into three types: Pay rent or quit notices, cure or quit notices, and unconditional quit notices.

Pay Rent or Quit Notices, offer tenants the opportunity to pay before the landlord can file a case for eviction while, Cure or Quit Notices is ordered out when a tenant violates some term(s) of the lease agreement. This also allows the tenant to have a short amount of time to pay the unpaid bills or else he or she will face eviction. Finally, comes the Unconditional Quit Notices, the hardest among the three. This is when the tenant repeatedly fails to pay the rent or late payment becomes a pattern or habit. This can also be the case when the tenant damages the property or when there is dangerous illegal activity being carried out on the property by the tenant such as drug o gun trafficking, piracy, gambling, child porn creation, etc.

Most of the states are so strict about these eviction laws. Although sometimes the litigation is resolved only in a month or two or even less. Though in general, the proceedings property owners must follow are very rigid that’s why it’s important for them to have all the supporting documents, especially for references and the evidence, readily available. Therefore it is important to seek professional advice first. However, if you hire a property management company, there will be nothing to worry about as long as you make sure the terms between the company are fair to you and that their portfolio shows great competence.  

A very important takeaway

It’s really necessary for a landlord to learn this stuff. Because for example, sometimes the case may favor the tenant more than the landlord and this may cause the landlord to lose a significant amount of money. Though sometimes, the laws are quick to take action against the irresponsible tenant, so it really depends on the state sometimes. Though generally, it is more challenging for the landlord. However, having a team of certified property managers will lead you through the process comfortably. Therefore hiring a professionally trained property manager is always the right choice! It’s because their job is to save you from financial mess and they have a systematic approach. So if you want a smooth eviction process, professional help from a property manager is a must.