Be Certain the Law is On Your Side When Evicting a Tenant

 

Be Certain the Law is On Your Side When Evicting a Tenant

Evicting a tenant is a significant action that should be approached with caution and adherence to legal procedures. As a property manager, it’s essential to ensure that you are compliant with local, state, and federal laws to avoid any legal repercussions.

Understand the Legal Grounds for Eviction

Before initiating an eviction, ensure that you have valid legal grounds. Common reasons include:

1. Non-payment of Rent: If a tenant fails to pay rent consistently, you can proceed with eviction. However, always check your lease agreement for grace periods and state regulations regarding notifications.

2. Lease Violations: Tenants who breach terms outlined in the lease agreement, such as unauthorized subletting or property damage, may be subject to eviction.

3. Illegal Activity: Engaging in illegal activities on the property, such as drug dealing, can be grounds for eviction.

4. End of Lease Term: If a tenant refuses to vacate the property after the lease term has ended, you can legally evict them.

Follow the Proper Legal Process

1. Provide Written Notice: Before eviction, you must serve the tenant with a written notice. This could be a "Pay or Quit" notice for non-payment or a "Cure or Quit" notice for lease violations. The type of notice and the required notice period vary by jurisdiction.

2. File an Eviction Lawsuit: If the tenant does not comply with the notice, you may need to file an unlawful detainer lawsuit. This is where the court becomes involved, and both parties can present their arguments.

3. Attend the Court Hearing: Be prepared to attend the court hearing with all necessary documentation, such as the lease agreement, records of payment, and copies of any correspondence with the tenant.

4. Obtain a Judgment: If the court rules in your favor, you will receive a judgment for possession. The tenant will be given a specified period to vacate the premises.

5. Arrange for Lawful Removal: If the tenant still refuses to leave, you may need to arrange for a sheriff or local law enforcement to enforce the eviction. Never attempt to remove a tenant yourself, as this can lead to legal consequences.

Seek Legal Advice

Always consider consulting with a lawyer who specializes in landlord-tenant law to ensure that you are following the correct legal procedures. This can help protect you from potential lawsuits and ensure a smoother eviction process.

By taking these steps and ensuring the law is on your side, you can manage evictions professionally and legally, safeguarding your property investment and maintaining a positive reputation as a property manager.

Getting tenants out of a property can also be handled in other ways. Having a Professional Management company that makes your property able to generate more money and profit for you. 

Contact Brett 216-703-5740 Key Realty and Property Management