Property managers go through many steps to find the ideal tenants for their properties. However, they’re often faced with having to evict those tenants for a number of possible reasons. It’s an issue that requires care and full knowledge of the legal considerations. How property managers handle evictions will help minimize the costs and trouble associated with the process.
There are a few reasons why tenants are evicted. Commonly, the situation involves the tenant’s failure to pay rent. In other instances, there has been some violation of a term of the lease agreement. Policies regarding pets or the number of people that can live in a given property are some examples of the types of violations that occur.
In some cases, a tenant may be found to pose some risk to a property or its other tenants. But before a manager or owner evicts a tenant, state and local laws regarding this process must be fully considered.
There are varying laws and regulations that apply in the eviction process. These vary and therefore need to be understood before moving forward with evictions. Tenants are also granted specific rights that owners and managers need to be conscious of. A period of time to leave the property is usually granted to protect tenants from immediate removal.
Owners and managers must first give proper notice to the tenants before moving forward with the eviction process. The type of notice will vary given the circumstances. A “pay rent or quit” notice is given when payment has not been made. This generally grants the tenants 3-5 days to resolve their outstanding balance to the property managers.
If a violation of some term of the agreement has occurred, a “cure or quit” notice is given, giving the tenant a time period to resolve the situation accordingly.
In more extreme cases, an “unconditional quit” notice is given to tenants who have significantly violated their agreement terms. Tenants who have repeatedly been late in paying rent or have engaged in some form of illegal activity will usually receive this type of notice.
Other notices exist to assist managers in removing a tenant. Managers must fully understand the implications of this process in case a tenant decides to respond with legal action. This can add months to the entire process and unwanted costs related to legal services.
Any mistakes made on the part of property managers can invalidate the eviction and create more problems. Evictions are relatively quick procedures, and as a result, strict adherence to the rules set forth is required so that it is processed swiftly. Lawmakers are considerate of the fact that a person’s home is at stake. The rules in place grant tenants adequate notice and a chance to provide a response to the eviction.
The time and resources required in the removal (and subsequent replacement) of a tenant make evictions something to avoid. But they are sometimes necessary. Understanding the process and its requirements will help property managers resolve serious tenant issues quickly and with minimal loss to property owners.
