Legal Eviction Process: Proper Handling Is Important

Property Management Blog

All the tenants are not the same. Sometimes you have to deal with irresponsible people who keep causing trouble for you, and all you want is the eviction. However, eviction is not as simple as it seems. If you do not handle it properly, you may be forced to keep the tenant, or you may have to pay a fine as well. So, it is very important to understand the eviction process and handle it carefully.

If your tenant is irresponsible, you should not do the things that could harass them, such as changing locks, moving belongings, or shutting off utility facilities. Moreover, you can send them an eviction notice; you have to follow laws and state rules for that. You must have a valid reason for termination, and before doing anything else, you have to send a legal notice.

Here we are discussing a general eviction process; it may vary according to the local laws. You can get guidance from your lawyer. But this article will help you to know the basic procedure of the eviction.

The first step is terminating the tenancy agreement. Next, give your tenant proper notice about the lease violations they have made. Finally, if they fails to fix the problem, you can file a lawsuit for eviction.

What is an eviction?

Eviction is also called a UD or Unlawful detainer, which is a lawsuit filed against a renter. If you want to win the eviction case, you need to prove that renter has done something, which is not legally correct, and you have the right to end the lease agreement. In addition, you have to follow the pre-eviction procedures, according to the local law. If you don't follow them, you have to pay a fine to the tenant.

Pre eviction procedure includes…

The first thing you have to do is to terminate the tenancy. There are different types of termination notices; depending on the situation, you can send any one of these to the renter.

Notice for termination for cause: If the tenant violates any clause or clauses of the lease agreement, you can send him this notice. It is further divided into various categories.

Pay rent or leave: If the tenant is not paying rent according to the agreement, you can send them a legal notice. This notice will include details like the amount of the rent, the deadline for paying this amount, and any extra charges. You must include instructions for the payment as well. Finally, the notice says to pay the rent within a week or leave the property. If the renter chooses to pay no attention to this notice, you can file an eviction.

Cure or Quit: If the tenant is violating a clause of the agreement, for instance, it's a pet-free property, and they have brought a pet, you can send them to cure and quit notice. It means they can fix the problem or leave the house. The duration of this notice can be from 5 to 30 days, depending on the local laws.

Unconditional quit notices: It is very rare, and only a few states allow landlords to send quit notices to tenants without any reason. The reason can be serious damage to the property, Frequent violation of the agreement clause, or committing an illegal activity on the property.

Notice for termination without cause: the landlord can give the tenant 30 days or 60 days' notice if they have not done anything wrong. However, state agencies may ask the reason for terminating the lease agreement.

Eviction Lawsuit

After sending the legal notice to the tenant, you have to wait for their action. They will correct his mistake and inform you, or they will inform you that they are leaving your property. If they takes no action, you can file an eviction against in court. When you submit the notice with all the required documents, the court will fix a hearing date. It may take a few days, weeks, or even months. You must file the lawsuit as soon as the notice period ends to avoid delay in the procedure.

Writ of possession

On the hearing date, the judge will listen to both landlord and tenant. If judge decides to favor the landlord, they will give you a document called "Writ of the possession." It means the judge will ask the renter to return the landlord's property to his possession. Sometimes there can be some requirements to get this document. Usually, an official gives this document to the renter and asks them to leave the property within a certain time. Judge also told the tenant that they would be forcefully exiled if they did not leave by the deadline. The writ of possession may vary according to local laws.

The eviction day

In most cases, the tenant moves out after the writ of possession. However, if they are still on the property, authorized persons will visit the home and remove them on eviction day. Once, tenant leaves, you should change the locks of the house. In addition, there can be other state laws, which you might have to follow after eviction.

During all this procedure, it is very important to stick to the local laws. Do not try to remove the tenants forcefully; it will give the renter a chance to drag you in court. If you threat or harass him or try to change the locks, they can file a lawsuit against you, and you may end up paying a fine. You have to keep in mind that eviction can be time-consuming and can be expensive as well. However, if you hire a local lawyer, who is well aware of local laws, they can help you take possession of your property quickly.

If you will handle the legal eviction process with patience and according to the legal requirements, you can win it. But if you try to do it quickly, violating the law, you will lose the case and have to pay the fine as well.

If you’d like to talk more about property management, or you need help with Everest Property Management, please contact us at Everest Realty.

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