Effective Ways To Handle an Eviction

Effective Ways To Handle an Eviction

Posted on 16. Jun, 2011 by in Business

There are no easy, self-evident ways to deal with a resident eviction. You can’t just change deal with this challenge using your imagination only.

A property manager or owner who wants to evict a tenant must fastidiously follow the state and local laws.

The process of eviction can be expedited. The challenge though involves doing everything exactly right.

If the property manager/owner makes mistakes in serving an eviction notice, for example, the eviction case might be thrown out and the process, including the legal aspects will begin again.

In speaking with many property managers in many different states, I’ve learned that one of the most important steps to completing an eviction successfully is to make sure your “first step” is done with precision.

That first step is to end the tenancy by serving an eviction notice. Many property managers hire people to serve these notices when they know residents will be home.

There are several kind of eviction notices that can be used, and depending on the state you’re in, some are more legally powerful than other. Here are some of the most common ones:

Nonpayment of Rent
If the tenant doesn’t pay the rent when it’s due, the landlord can serve a notice that the rent is due and give the tenant a certain time (usually 3–5 days) in which to pay. If the tenant pays the full amount in the time stated, there can be no eviction.

Fixing a Violation
In many states a property owner can give a resident a notice insisting that a specific violation of the rental agreement be resolved. The notice must clearly state the amount of time the resident has to correct the violation.

Unconditional Notice
In some states a notice may be served on a resident to move without any exceptions. In most places this can only be done if the resident has seriously violated the rental agreement or is breaking the law in their residence.

30-Day or 60-Day Notices
In most states a property owner can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There are usually exceptions if the resident has lived in the unit for a long time, is a senior citizen or disabled, is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. An owner can’t give this kind of notice to a resident with a lease until the lease period is over. Remember, some states or cities require owners to pay relocation expenses in some situations, like evicting a senior citizen or disabled tenants or for units that are being converted to condos.

Make sure you know the exceptions to the laws concerning eviction in your area. Know both your owners’ rights and your residents’, for this is the #1 rule of handling an eviction effectively.

In future articles I’ll be addressing more ways and effective methods that property managers employ to successfully deal with this often unpleasant aspect of property management. If you have specific suggestions or personal experiences please share them in the comments section below.

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