Adherence To A Legal Eviction Process Is A Must For Property Owners

Posted on: 17 February 2023

A tenant-landlord agreement is relatively simple; the landlord keeps the property in good shape in exchange for on-time payments from the tenant. Given the agreement's straightforwardness, when a tenant no longer honors their side of the agreement, the landlord should be able to evict the tenant without pause. However, it is crucial to understand that the eviction process is a legal one that must be followed based on state guidelines.

Tenant Notice

Once the grace period has passed for the rent payment, the tenant must be provided an opportunity to vacate the property. This step is the most crucial in the entire process. If notice to vacate is not provided the tenant can have the entire eviction terminated and remain in the property longer without paying rent. Property management companies will place a notice on the tenant's door notifying them that they must take action.

Court Filing 

If the tenant does not vacate, the landlord must file an eviction request with the local court to remove the tenant. Keep in mind that the court will require proof that the rent has not been paid before proceeding; you cannot simply state this is the case without evidence. Property management companies maintain extensive records, so providing this documentation will be easy.

Processing Period

Even after the eviction request has been submitted to the court, a landlord cannot simply force the tenant to leave. Courts have a processing or waiting period that must pass before the eviction can be heard in front of a judge. During this period, it is critical for landlords not to take any further action. Like a failure to provide tenant notice, any premature action on the landlord's part will serve in favor of the tenant. 

Writ of Possession

Assuming the tenant fails to pay their rent and a judge hears the case and approves the eviction, the writ of possession is the final step in the process. Again, the actions of the landlord are very important during this phase. Only a law enforcement official can provide notice of possession of the property and initiate the removal of the tenant's belongings. If a landlord goes about this process beforehand, the tenant may go to court and have their time in the rental property extended.

If you own a property, in addition to helping maintain your property, a management company can ensure you are on the right side of the law when it comes to eviction. A property management company can manage every aspect of your ownership to ensure you are safeguarded. 

Contact property management services to learn more.