Property Management 101 – Evictions

| January 7, 2008 More

I have been a landlord for over ten years and fortunately have never had to evict a tenant, although I have come close a couple of times.

You can take some preliminary steps on your own if you need to evict a tenant but don’t go too far without hiring a lawyer. Evictions can move quickly if done correctly, dotting every “i” and crossing every “t”. If the tenant does not comply with your first request to vacate, an attorney may be your assurance to complete the eviction quickly.

Eviction reasons, processes, periods, and participants vary from state to state. Below is a general overview.

Reasons to Evict a Tenant

  • Nonpayment of rent
  • Violation of the rental agreement
  • If the lease period has expired, most states don?t require a reason to evict but they do require proper notification.

How to Evict a Tenant

  • The landlord must first serve a notice to correct the problem. The notice gives the tenant a specified number of days to pay the rent or comply with the rental agreement.
  • If the tenant has not fixed the problem within the specified time, the landlord can begin litigation by filing an action in court.
  • If the tenant does not file an answer with the court, the sheriff can post an eviction notice on the door. The sheriff can then remove the tenant if they do not respond to the eviction notice.

It is easy to end up on the losing side of an eviction if you don’t meticulously adhere to the rules. Property managers can help walk you through the process. They should be familiar with the laws in your area and know when to involve an attorney.

Category: Tenants

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