Property Management Blog

How does a property owner evict a tenant, legal time frame, and who pays for the process?

by Property Management Direct on Saturday, March 31, 2012 8:29 AM

Becoming a landlord can be very rewarding as well as challenging. It is unfortunate that sometimes the tenants do not comply with the rules and regulations of the lease agreement. Landlord and Tenant Act specify exactly what is expected of both parties. When the agreement is violated, the landlord may be forced to exercise the tenant eviction.

The process should start with the verbal warning and a sufficient time given to the tenant to correct the problem. Most common reason is the failure to pay the rent. If the occupant chronically pays his rent later then agreed the property owner should issue a verbal warning. Written warning should be implemented if the tenant doesn’t comply with the original verbal request. It is in the best interest of the property owner to have the letter delivered by registered mail to obtain the proof of delivery even if both the landlord and the tenant occupy the premises in the same building. Tenant eviction will become the next logical step if there is no cooperation noted from the inhabitant.

The eviction process will be started by filing for a court hearing. The fee will have to be paid and the tenant will be notified by the court’s clerk. It is imperative to have all records and details at hand when appearing before the judge. Both parties will have the chance to explain their situations. Be prepared to provide as much detail as possible to make your case is valid and appreciated by the court. If the court rules in the favor of the landlord, the premises must be vacated within 2-5 days. If the tenant still remains, the town’s sheriff must be contacted to force the eviction.

It is most important to understand that self-eviction is not accepted by most states. The process must be followed in order to avoid the possibility of being sued by the tenant in the civil court. Do not attempt to change the locks or remove the occupant’s belongings. The eviction procedure can take anywhere from 1 -7 months. In every case the back rent will become the responsibility of the tenant. The legal fees will become the responsibility of the party at fault. Bear in mind that the attorney’s fees will always be accounted to the person acquiring the legal help. It is highly recommended to settle the differences out of court as the fees can amount to over $11,000 and may not be worth pursuing.

 

Copyright ©2012

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Property Management Direct

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4 comment(s) so far...

Anonymous 5/4/2012

Very useful piece - thanks. It's also worth highlighting the need to 'get in early'. So as soon as you feel there's a problem seize the initiative. <br /><br />Also never give out the keys without getting the full deposit and a chunk of rent up front. Otherwise you're sending out the wrong message.<br /><br />A quiet word often works wonders. And can avoid the need for all the tiresome and expensive legalese. <br /><br />And finally always be firm, but fair. <br /><br />

 
Anonymous 5/14/2012

On of the best way to avoid these types of issues are to use the services of a good property management team! This is never an easy subject to have to discuss and the concern level will increase for the property when eviction comes into play.

 
Anonymous 6/26/2012

On of the best way to prevent these kinds of concerns are to use the solutions of a good real estate asset control team! This is never an easy topic to have to talk about and the issue stage will improve for the home or home when foreclosure comes into perform. <br />

 
Anonymous 7/23/2012

this was very useful piece of information for both tenant and the landlord. But sometimes the situation gets worse if the property owner has not much time to pay attention to these processes. In this case one should consult a Property Management Company that can very well handle the legal and other issues from both the sides.

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