Posted in Blog  
  on May 20, 2014

How to Handle an Eviction Removal

One of the most difficult parts of being a landlord or property manager is handling an eviction of a tenant. It's the termination of a relationship and it can be especially difficult if there are children involved in the process. If you're looking to discover how to handle an eviction removal, the first step in the process is to remember not to panic. Just follow through the steps of the process and you'll get the help you need.


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.

Related

The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More


How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More


The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More


The Best Landlord Associations for Landlords to Join

If you’re a landlord and want to manage your business in a better way, you should endeavor to get in touch with those industry experts who have the experience and the skills to help you do it. This is... More


Unpaid Rent

When you talk about the most common disputes arising between landlords and tenants, nonpayment of rent has to be there in the list. People rent their properties to earn money, and when a tenant... More


Section 8 Landlord Pros and Cons

If you have ever rented a living space and have had to move many times, you’d already know how difficult it is to find decent, affordable and secure living premises. A person has to deal with the same... More


Landlord Inspection Checklist: Rights, Letters, and Reports

Landlords across the state have the prime responsibility to make sure they inspect and up keep their property once they have rented it to the tenants. Inspections can occur monthly or yearly depending... More


Landlord Maintenance Costs and Responsibilities

Everyone knows that a landlord’s job is not easy. These folks have specific duties and responsibilities that they must perform in order to be fair. Being a landlord is not a position but it is, in... More


When to Withhold Tenant Security Deposit

Asking for a security deposit is quite common in property dealings. The reason to ask for a security deposit is to have something that would help a property owner recover some of their financial... More


How to Report Bad Tenants

Bad tenants are the worst-case scenario for any landlord; no one wants them, and if someone has them, they want them out in any way possible. There are times when landlords try as much as they can to... More