Let's face it, handling a tenant eviction is never easy. Property management firms all have to face tenant eviction from time to time. Whether your company is a real estate property management company, an industrial property management company, a retail property management company or a condo property management company, most likely you will have to handle tenant eviction at some point in your career. It's not easy, but there are effective ways to handle a tenant eviction. Here are some tips on handling tenant eviction:
Always follow state and local laws: A property manager looking to evict a tenant must first make sure they are following state and local laws. This sounds simple, but in reality there can be plenty of sticking points, which makes it difficult. If a mistake is made in serving an eviction notice, the eviction case may be thrown out and then legally, the real nightmares will begin.
Serving an eviction notice: Whether your property management firm hires someone to serve an eviction notice to the tenant or you do it yourself, it may be difficult, but it must be done. There are several kinds of notices to issue, some types include the following:
1- Non-Payment of Rent- If your tenant does not pay rent when it is due, then the landlord can serve a notice stating that rent is due and provide the tenant with a time frame in which the rent must be paid. If the tenant is able to pay the rent (in full) within the time frame than there cannot be an eviction. This is based off of the tenants actions.
2- Unconditional Notice- Some states allow an unconditional notice to be given to a tenant. If the resident has broken or violated the rental agreement or is breaking the law, then the notice can be given.
3- Fixing a Violation- In many states, a property manager or landlord can give a notice stating that a violation of the rental agreement must be resolved. This notice must specify a time frame in which that violation be resolved.
When is Eviction Possible?
There are typically three scenarios that make eviction of a tenant possible for a property management company and this includes:
A Tenant Fails to Pay Rent- If a tenant fails to pay rent, then this could be terms for eviction. This depends on how many months the tenant has failed to pay rent. If it has been a period 1-2 months then many property management companies will be more lenient and simply mandate the tenant make up for the missed payment by a decided date in the near future.
A Tenant Poses a Health or Safety Risk to Others- If a tenant poses a health or safety risk to other tenants in the same building, they too may be eligible for eviction. Any tenant conducting dangerous or illegal activity that is a threat to other tenants could be evicted. Many rental contracts include language that states no illegal or dangerous activity is to be conducted by a renter on a property. That gives merit to a property management company seeking eviction of a tenant.
A Tenant Breaks Rental Agreement- If a tenant breaks the rental agreement this can of course be punishable by eviction as well.
The Eviction Process
One of the first things a property management company facing tenant eviction must do is terminate the tenant's lease. An eviction lawsuit can't begin until the lease is terminated and the property management company or landlord has issue a written notice to the renter being evicted. Each state has different laws that pertain to eviction, so again as we stated above, make sure you are following local and state laws. This notice gives written proof that the tenant has been notified of the eviction and the reason why.
Looking for more tips on how to handle a tenant eviction? Feel free to leave us a comment below or contact us.
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