One of the most common questions residents have is whether or not their property manager has the right to evict them. This can be a stressful and confusing situation, especially if they are facing financial difficulties or other personal challenges that may affect their ability to pay rent on time.
In this article, we will discuss whether property managers can legally evict residents and what steps residents can take to protect their rights.
Notice of Termination With Cause
One of the key responsibilities of a landlord is to legally issue a notice of termination with cause in several circumstances. They include:
Non-Payment of Rent
Unpaid rent is the most common reason for eviction. Property managers can issue a written notice if residents fail to pay rent by the due date. However, many regions require the property manager to give residents a grace period to pay before evicting them.
Violation of Lease Terms
If residents break any terms specified in the lease or rental agreement (e.g., having pets when the lease prohibits them, unauthorized subletting), property managers can initiate eviction proceedings. It's crucial for residents to thoroughly understand and comply with all lease terms.
Damage to Property
Causing significant damage to the property beyond normal wear and tear can be grounds for eviction. Property managers must prove the damage and allow the resident to repair it before taking further action.
Illegal Activities
Engaging in illegal activities within the rental property is one of the most serious lease violations that can lead to immediate eviction. This includes but is not limited to drug manufacturing, selling illegal substances, and engaging in theft or violence.
Expiration of Lease
If the lease term has ended and the resident has not renewed the lease agreement or vacated the premises, property managers can issue eviction notices. This situation typically requires a different notice period than other causes of eviction.
The specific rules and procedures for eviction can vary significantly by location, requiring property managers to adhere to state or local laws. Before a property manager can proceed with an eviction, they are required to provide a formal notice to the resident, outlining the reasons for eviction and offering a defined period to remedy the situation, if applicable.
In cases where the resident does not rectify the breach within the specified timeframe, or if the violation cannot be corrected, the property manager may then proceed to file for eviction with the courts. Residents need to understand that they have rights in this process, including the right to contest the eviction in court.
Residents may also have legal defenses available depending on the circumstances leading up to the eviction, such as proof of rent payment, unlawful discrimination, or retaliation by the property manager. Consulting with a legal professional can help residents navigate their rights and potentially prevent an unwarranted eviction.
Notice of Termination Without Cause
When a property manager wishes to terminate a tenancy without citing a specific cause, such as the resident's misconduct or lease violation, the process is referred to as ‘termination without cause’. This type of eviction can occur in ‘at-will’ tenancies or in situations where the property manager does not wish to renew a fixed-term lease but has no grounds for resident behavior.
The requirements for this sort of notice vary widely depending on local laws, with some jurisdictions requiring property managers to provide longer notice periods to residents than for evictions based on cause.
Both property managers and residents need to be familiar with the regulations specific to their area to ensure that any action taken complies with local housing laws.
For residents receiving a notice of termination without cause, it can be a stressful and confusing time, particularly if they were not expecting to move. Unlike evictions for cause, where residents might have the opportunity to rectify the situation and continue the lease, terminations without cause don't offer this possibility.
However, residents still have rights and options available to them. They may seek legal advice to ensure the eviction is proceeding according to law, especially since some regions offer protections against unjust termination of tenancy.
Additionally, resident advocacy groups can often provide resources and support to help residents understand their rights and options, including finding new housing.
Eviction Lawsuit
If the eviction process proceeds further, a property manager might initiate an eviction lawsuit, also known as an ‘unlawful detainer lawsuit’. This legal action is taken when a resident does not leave the property after receiving a lawful notice to vacate.
The aim is to obtain a court order that mandates the resident's eviction, legally enforcing their removal from the property. The process for filing an unlawful detainer lawsuit varies by jurisdiction but typically requires the property manager to prove that they have a valid reason for eviction and that they have provided appropriate notice to the resident.
Key steps in an eviction lawsuit include:
- Filing the Complaint: The property manager files a complaint in the appropriate court, officially starting the lawsuit.
- Serving the Resident: The resident is served with the complaint, informing them of the legal action and allowing them to respond.
- Resident's Response: The resident has a limited time to respond to the complaint, either contesting the eviction or agreeing to vacate.
- Court Hearing: A hearing is scheduled if the resident contests the eviction. Both parties can present their arguments before a judge. Note that the parties are responsible for their court costs.
- Judgment: The judge makes a decision based on the evidence and arguments. If the judge decides in favor of the property manager, a writ of eviction is issued.
- Enforcement: If the resident refuses to leave, the writ of eviction allows law enforcement officers to remove the resident from the property.
Possible Resident Defenses to Eviction
Residents facing eviction have several defenses they can use, depending on the circumstances surrounding their eviction notice. These defenses can significantly impact the outcome of an eviction lawsuit, offering the resident a chance to either remain on the property or delay the eviction process.
Some of the common defenses include:
Improper Notice
Residents can argue that the property manager failed to provide proper notice as the law requires, which can sometimes invalidate the eviction process.
Rent Payment Issues
Residents can show that rent was paid in full or that the property manager refused to accept rent payments.
Retaliation
If a resident can prove that the eviction is an act of retaliation by the property manager for exercising legal rights, such as complaining about unsafe living conditions, the court may dismiss the eviction.
Condition of the Property
Residents can argue that the property is uninhabitable and that the property manager has failed to make necessary repairs, in some cases, offsetting the grounds for eviction.
Illegal Unit
If the rental unit is illegal or not permitted for residential use, residents may use this as a defense against eviction.
How to Remove Residents After Eviction Suit is Won
Once a property manager has successfully won an eviction lawsuit, there are specific steps they must follow to legally remove the resident from the property. These steps ensure that the eviction is carried out lawfully and smoothly, minimizing potential conflicts. Key actions include:
- Issuing a Court Order: The first step is obtaining a court order for eviction, known as a writ of possession. This document officially grants the property manager the right to reclaim the property.
- Notification to Resident: The resident must be formally notified of the court's decision. This is typically done by a sheriff or constable, who delivers the writ of possession to the resident, specifying when the eviction will occur.
- Allow Time for Voluntary Departure: Residents are given a short period to vacate the property voluntarily, typically 24 to 72 hours, depending on local laws.
- Physical Eviction: If the resident does not leave by the specified deadline, a sheriff or constable can physically remove them and their belongings from the property.
- Handling Resident's Belongings: There are legal provisions for handling the resident's left-behind belongings. Property managers must be aware of local laws, which may require storing the resident’s items for a certain period, allowing the resident to reclaim them.
- Changing the Locks: After removing the resident, property managers should change the locks to secure the property and prevent unauthorized access.
- Property Inspection and Repairs: Before re-renting the unit, conduct a thorough inspection of the property for damages and perform necessary repairs.
- Finalizing the Eviction: Document the eviction process meticulously, including the serving of the writ of possession, the eviction date, and any expenses incurred during the eviction and repair of the property.
Following these steps ensures the eviction process is conducted respectfully and according to legal standards, protecting the property manager's and resident's rights and interests.
Minimize the Causes for Eviction With RentCheck's Inspection Software
RentCheck simplifies the property management landscape by offering an innovative solution for automated property inspections. This user-friendly platform empowers residents to carry out their own inspections easily, significantly reducing the workload for property managers.
By enabling residents to submit detailed inspections complete with photographic evidence, RentCheck streamlines the comparison between move-in and move-out conditions. This not only facilitates transparent, efficient handling of inspections but also aids in identifying any issues, ensuring properties are maintained to the highest standards.
With this software, property managers can minimize eviction causes by proactively addressing property issues and documenting them accurately. RentCheck's built-in communication tools allow for clear and timely communication between property managers and residents, reducing potential misunderstandings that may lead to eviction.
