Is there a tenant not paying rent or not abiding by their lease? There may be cause for eviction.
An eviction is a formal lawsuit that a landlord or property manager brings against a tenant to get them to leave a rental and give it up. A property manager has the authority to evict a tenant on behalf of their clients.
Understanding and adhering to the legal eviction process is necessary for good property management. The eviction laws in your state must be followed. By doing this, you will avoid breaching any laws and getting into problems.
Typically, an eviction can be finalized in as little as two weeks or as much as three months. Planning requires having a rough understanding of how long the eviction procedure takes. The length of each eviction procedure varies, thus it's not always evident how long they take.
Your actual time frame for the process will depend on a variety of variables, including:
- The state's eviction regulations and laws
- The cause of the eviction
- The kind of rental home
- Whether there have ever been violations
- How crowded the court is
- Whether the renter submits a counterclaim
1. Having a Legal Cause for Eviction
First, you have to establish a valid and legal reason for evicting a tenant. A property manager cannot evict a renter due to reasons such as annoying behaviors, minor disagreements, or personal clashes. You can only lawfully evict a tenant if they violate the terms of the lease. Therefore, make sure you understand your lease.
Some of the common legally recognized reasons for eviction include:
- Non-payment of rent
- Late rent payment on several occasions
- Keeping unauthorized pets
- Subleasing without permission
- Extra occupancy other than the listed occupants
- Illegal use of the premise
- Intentional damage to property
- Disrupting or threatening the safety of other renters, neighbors, or community
- Refusing to move out after the tenancy has ended
2. Eviction Notice
Giving the tenant written notice to terminate the tenancy is a lawful way for a rental property management to start the eviction procedure if they have a valid reason. The cause for the eviction, the activities the tenant can take to avoid it, and the deadline for resolving the issue or leaving should all be stated in the eviction notice. The format of the notice's writing and delivery must comply with state laws in order for it to be enforceable. This is so the court can establish that you done all within your power to inform the tenant of the approaching eviction process.
Depending on the kind of wrongdoing you are dealing with; the type of termination notice will vary. Typically, there are 3 types:
Notice to Pay Rent or Quit: Issued when a renter doesn't pay their rent on time each month.
Cure or Quit Notice: When a tenant disobeys a clause of the lease agreement this notice is sent. The resident is given a specific period of time to carry out the necessary changes.
Unconditional Quit Notice: Applied in extreme cases where the tenant has persistently broken a significant provision of the lease, paid rent past due numerous times, failed to pay rent at all, engaged in criminal conduct on the property, or significantly harmed the property. The tenant is required to leave immediately with no option for appeal. They are not offered a grace period to make the unpaid rent or take care of the lease breach.
3. The Lawsuit
The residential property management may proceed with filing a complaint in court if the tenant is given a notice but fails to take corrective action (such as seeking a new home for an unapproved pet or paying the back rent). They might be obliged to retain legal counsel to represent them.
The tenant will then receive notice of the summons from the court along with a specified date for the eviction hearing. The date of the hearing depends depend on your state of residence and how busy your local court is. From the day you filed the lawsuit, this may be a few days to a few months later. If the court hearing is scheduled at a later date, you should permit your tenant to occupy the property until the judge makes a decision.
4. Court Proceeding
Make sure you attend the court date. Or else, the tenant will win without a contest. Before the judge reaches a decision, both of you will have the opportunity to present your cases. You must present proof of your eviction reason during the hearing. As a result, you must present any supporting evidence in court. Bring the signed lease agreement, copies of any notices you've sent, proof of rent payments, copies of any correspondence you've had with the renter, etc.
5. Control of The Rented Property
The renter is permitted to remain in the rental unit if the judge rules in their favor. You can be obligated to cover their legal expenses and additional court charges. However, if you prevail in court, you will have the right to proceed with an eviction. A certain amount of time will be granted to the renter to gather their stuff and vacate the real estate property or apartment. They will also be liable for paying your legal fees, court expenses, and any other outstanding money or damages.
However, if the renter stays in the rental unit after this time, you can ask a member of the law enforcement agency in your area to give the tenant an Order for Possession.
When managing rental properties, you must always adhere to the official eviction procedure if you must evict a tenant. If not, you run the danger of losing a court case, prolonging the eviction procedure, or possibly owing the renter money. We also advise you to speak with a lawyer familiar with the legislation in your state.
Still unsure of how to go about evictions? Contact us for help or visit this website that discusses the eviction process in New York.