How to Handle an Eviction Removal
Did You Post Your Notice to Pay or Quit Yet?
The first step in the eviction process is to post the notice on your tenant's door. You see, it's actually up to the court to evict a tenant. It's not up to you! It's simply your job to provide them with the proper legal notices that can lead up to the eviction. This first step includes when you'd like the tenants to vacate the unit they are renting and the most common reason for this notice is a lack of payment. This notice can be filed even when a full payment has not been received, but it is important to note that the partial payment does not negate the full responsibility.
Each state has a requirement that a tenant can pay their rent that is due within a certain amount of days to satisfy the requirements of the notice. If the tenant is violating the rental agreement in some way, then it's the Notice to Quit that must be posted. In many cases, landlords in this situation generally give about 2-4 weeks for their tenants to move out.
What If They Still Don't Move Out?
If your tenant hasn't fulfilled their obligations from the notice, then it's time to file a summons and complaint through your legal adviser. Your tenant has the right to respond to this summons and you'll be able to defend your actions, as will your tenant. If they do respond, you'll be given a court date where a judge will hear both sides of the issue. If they do not respond, then this is considered acknowledgment of the deficiency and you can schedule a time for law enforcement to remove the tenants.
If you accept payment as a landlord at any time during this process, you'll negate the eviction process. This includes accepting a partial payment for rent instead of a full payment. You may also need to be prepared for a tenant who claims that they are withholding rent because they cannot get you as the landlord to respond for maintenance needs. This is where your lease will really help you out.
Your lease should fully outline this process in detail so there aren't any questions about the eviction process. Follow the procedures, get the court involved if necessary, and that's how you handle an eviction. Keep it professional, be empathetic when necessary, and remember that the more you work with people, the more likely they are going to work with you.
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