Evictions from rental properties are a sad reality in the rental property business. Last year, more than 2 million residents behind on rental payments were at risk of eviction. And while non-payment is perhaps the most common reason for eviction, it’s not the only one.
Understandably, if you have a good relationship with your residents, you’ll likely explore other options first. However, some situations leave no alternative other than eviction. So, how can a landlord evict a tenant legally and with the least hassle?
Read our step-by-step guide to the eviction process and learn the proper procedure for legal evictions from your rental properties.
Reasons a Property Manager Can Evict a Resident
Before we examine the correct procedure for eviction, let’s cover the most common reasons for it.
Late or Unpaid Rent
When a resident does not pay rent on time, it affects the property owner/manager’s livelihood and sours the tenant-landlord relationship. If it happens once, and with good reason (the resident has recently lost their job, for example), there may be other solutions to this problem.
If residents repeatedly fail to pay rent, and no other solution is possible, you must terminate the rental agreement with a formal lease termination letter. Residents must be given enough advance notice to make other living arrangements and move out. This is typically 30 days, but local laws may vary.
Should they refuse to move out when the date stipulated in the written notice, you may proceed with eviction proceedings.
Lease Violations and/or Damage to Rental Property
Other lease violations or damage to the rental property may also constitute a reason for evicting residents. But before you choose the eviction process route, you might choose to allow them to correct their behavior and repair any damage.
In cases of wilful destruction and vandalism, eviction is likely the best option. However, property damage is not always deliberate. If the damage was accidental, give residents the chance to redress the damage. If the damage was due to neglect, they possibly misunderstood their responsibilities for cleaning and minor maintenance.
Point out the clauses dealing with these matters in the lease or rental agreement. Explain their responsibilities for cleanliness and minimal maintenance. Take the opportunity to fully explain everything that might constitute a lease violation.
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Property managers know they can rely on RentCheck for their routine property inspections. The app provides access to customizable checklists and automated reports, for quick and easy side-by-side comparison of move-in and move-out inspection results.
The property inspection checklists alert residents to what will be checked for damage. This allows them to resolve the issue ahead of inspections. And by establishing a clear record of the property’s condition before a resident moves in, and when they are due to move out, you can avoid disputes.
Living on Property After Lease Expires
When the lease expires, but the residents don’t move out, you have the right to evict them. But first, check that you have followed the procedure yourself. Did you send them an end-of-lease letter indicating that their lease was expiring and they had to move out?
This type of situation often arises from misunderstandings. They might have forgotten their lease was about to expire. Or perhaps they assumed you were happy to continue renting to them on a month-to-month basis.
Even if you believe it is obvious, send residents a lease termination letter. Do so at least 30 days (in some cases, more - check your local laws) before the lease expiry date. If you do not wish to transition to a month-to-month rental agreement, state this clearly in the letter.
How to Evict a Resident
How does a property manager evict a resident from a rental property the right way? If any of the above reasons have left you with no choice but to evict, these are the eviction process steps you must follow.
1. Review Landlord-Tenant Laws
Review your local landlord-tenant laws. Check if the violation qualifies as a reason for eviction. According to the Tenant Protection Act in California, for example, property managers cannot evict residents except for specific reasons.
2. Document Lease Violations
Document any lease violations your residents are guilty of. Bear in mind that state laws on what constitutes a lease violation that qualifies for eviction, may differ. In cases of criminal activity, your best bet is to document the activity and report it to the local authorities.
3. Provide Notice
Provide the residents with a written notice terminating their rental agreement, and telling them to move out. You must give them sufficient time to move out, and this too may differ according to the laws in your area. There are also different types of eviction notices for different situations.
Pay Rent or Quit Notice
This type of eviction notice informs your residents that they must either pay the overdue rent or vacate the premises within a certain number of days. The number of days can vary by state, so be sure to check what the minimum notice period is in your state.
Giving a pay rent or quit notice means you expect your residents to pay the outstanding rent amount or face imminent eviction.
Cure or Quit Notice
This type of eviction notice is usually given when a resident violates the terms of their lease agreement. Your lease agreement will be the guide as to what constitutes a lease violation, and you’ll have to offer evidence of the resident’s breach of the lease terms.
Giving a cure or quit notice means you are warning residents to stop the violation behavior or face imminent eviction.
Unconditional Quit Notice
An unconditional quit notice demands that the resident move out or face eviction. It does not allow them to take any action to prevent the eviction. This is more common in cases where the residents have remained on the property after the lease has expired or have engaged in criminal activity on the premises.
Giving an unconditional quit notice means you expect the residents to move out. They must be given the minimum notice period for vacating the premises, as prescribed by law. This will sometimes depend on your reasons for evicting them. This is not applicable if they have committed a crime on the property.
4. File an Eviction Lawsuit and Consult a Landlord-Tenant Attorney
Should your resident fail to comply with your demands, you will need an eviction notice from a court of law. This means you’ll have to file an eviction lawsuit. It’s recommended that you consult a landlord-tenant attorney. This is a legal professional who specializes in matters around resident and property owner/manager rights.
5. Attend Court Hearing
An eviction hearing will be scheduled upon the resident receiving a summons. If they choose not to attend the hearing, you may receive a default judgment, with the court ruling in your favor. If they do attend, they will be allowed to defend themselves against your allegations.
6. Enforce Eviction Order
When a court hands down an eviction order, the matter is finalized. You must hand the judgment to your local authorities and they will take things further. You are not authorized to evict the residents yourself. This is for your and their protection.
7. Handle Residents’ Belongings
Leave the handling of the residents’ belongings to the sheriff or other local authorities tasked with carrying out the eviction order. Make an itemized list of any personal property left behind during the eviction process. This is a common occurrence, and residents may want to return later to retrieve these items.
Give them enough time to fetch their belongings. Take note of state laws on this issue and include an abandoned property clause in the lease for future residents. Depending on your state’s laws, you may be allowed to sell abandoned personal property below a certain dollar threshold.
Average Costs of Evicting a Resident
An eviction can cost between $4,000 and $7,000. This includes not only the court costs, but also any repair expenses for property damage, and of course, lost rental income while not collecting rent payments.
Although it is illegal to force residents out of the property, It is often possible to negotiate with them to get them to leave.
If the tenant's security deposit does not cover the expense of repairs, you may wish to sue them for the repair costs. Once again, this can become a lengthy and expensive matter. Unless the difference is significant, it could be easier to just get them to forfeit the deposit and count your losses.
If you are unsure of how to proceed, consult a good attorney who specializes in such matters. They will discuss any potential challenges you may face, and how best to handle them.
Challenges That Can Prolong the Eviction Process
Rental property evictions are not always easy. Indeed, there are a few potential challenges you need to consider.
Resident Has Justifiable and Reasonable Defences
Depending on the resident defenses brought up in court, your eviction process may be delayed. Residents have the right to defend themselves and may raise legally justifiable reasons why an eviction should be canceled or postponed.
The Resident Has Filed for Bankruptcy
If resident bankruptcy is the cause for non-payment of rent, and non-payment of rent is the reason for eviction, things get complicated. Traditionally, if residents filed for bankruptcy an automatic stay was put in place preventing the pursuit of the repayment of debts.
Fortunately, thanks to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, this stay is limited. If residents file for bankruptcy after you file an eviction lawsuit, you may proceed with the eviction process.
The Resident Refuses to Cooperate
A lack of cooperation between residents and property owners/managers can complicate the eviction process even further. Don’t assume that they will automatically comply with an eviction notice. However, regardless of their compliance or refusal to comply, do not take the law into your own hands.
Property owners and managers are not legally entitled to physically remove residents from rental properties they own or manage. Although this may be frustrating, let your local law enforcement officials handle it.
How to Prevent the Need for Eviction
Most property owners and managers would prefer to avoid evictions altogether. Here are our top tips for preventing the need for eviction.
Thorough Tenant Screening
Be thorough in your screening of potential residents for all your rental properties. Do background checks and ask for proof of employment or income when necessary. If you are not convinced of an applicant’s suitability or credibility, rather move on to another applicant.
Clear Lease Agreement
Ensure that the lease agreement contains clear, easily understood language. If there is even the slightest misunderstanding of a lease clause, it could result in violations that necessitate eviction. Encourage the potential resident to ask questions. Check they understand the lease terminology clearly before signing.
Regular Property Maintenance
Effective property maintenance and repairs can head off potential problems leading to evictions. Why? Property owners and managers are legally required to provide a habitable property. When properties are correctly maintained, residents can’t use this as an excuse not to pay.
Effective Communication
Effective communication is the key to preventing problems that result in evictions. Assure residents that they can talk to you when they experience problems with paying the rent or meeting other obligations contained in the lease. Be open to alternative arrangements to resolve such issues.
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If your residents refuse to pay rent, won’t move out after their lease expires, or engage in other lease violations, you can have them evicted. But evictions are generally unpleasant, stressful, time-consuming, and expensive. It’s always better to prevent an eviction scenario than to deal with one.
Property damage is a common reason for evictions. But you can prevent resident damage to property, and the disputes that go along with it, with RentCheck.
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