“Evicting A Tenant With An Eviction Lawyer” written by Mike Marko
Are you having problems with your tenant?
Eviction may seem to be the answer to your problem. Property managers often evict their tenants to remove them from their rented property.
It seems simple enough a solution too, right? You just need to tell the tenant that you’re evicting him and have him move out of the property pronto.
You might think it’s as easy as that.
I hate to break it to you but unfortunately, you can’t just evict a tenant like that. There’s actually a legal process for evicting a tenant and it involves hiring an eviction lawyer.
Today, I will talk about eviction and why you need an eviction lawyer.
Getting Help From an Eviction Lawyer
Just because you’re the one who’s managing the rental property doesn’t mean that you can do anything you want. Eviction is a complex process… one bound by certain laws.
That’s why it’s better to get assistance from an eviction lawyer when you’re about to evict a tenant.
Take time to reconsider if you think that you can do the eviction on your own.
Let me discuss the eviction process a little more so you can find out why you need assistance from an eviction lawyer.
Conducting the Eviction Process
Property managers can’t just remove or evict a tenant from a rental property. They must follow the right process of eviction in their area.
Each state has its own eviction process. That’s why the process of evicting a tenant isn’t always the same for different landlords.
Since rental laws may differ depending on the location, property managers must process an eviction with the help of an eviction lawyer.
Why Do You Need an Eviction Lawyer?
The eviction process commonly lasts for a month. Take note too that judges are often on the side of the tenant, so there’s a bit of a challenge for you from the start.
Aside from that, it’s a time-consuming task for a property manager to handle the paperwork of eviction. A lot of documents are involved here.
That alone is usually enough reason for property managers to get assistance from an eviction lawyer. No one wants to process paperwork by himself!
Whenever you’re about to evict a tenant, it’s advisable to have an eviction lawyer who clearly understands the rental laws in your area.
Not getting assistance from an eviction lawyer will just prolong the eviction process. It can even cost you more money in the long run.
After all, if you make mistakes at any point of the process, there will usually be expenses involved to rectify them.
If things go wrong enough, you may even finding yourself the one paying legal damages!
Improperly conducting the eviction process could lead to legal consequences. Take a look at what could happen if you try to evict a tenant on your own, without an eviction lawyer.
Doing the Eviction Without A Lawyer
Evicting a tenant without an eviction lawyer is illegal in all states. Taking the matter into your hands is therefore as ill-advised as it is costly.
Keep in mind that ignoring the rental laws may result in serious setbacks. Any eviction lawyer can tell you that.
Removing a tenant from their rented property without a court order is a big red flag. The tenant can file a lawsuit against you and recover damages for the improper eviction.
You can also skip the eviction process entirely. Sometimes, your own eviction lawyer will advise it.
Consider talking to the tenant and give them a chance to fix the problem that is the cause for the eviction. If the tenant still fails to take action, that’s when you need to proceed with the eviction.
Procedures of Evicting Your Tenant
It’s important for you to evict a tenant with a bad behavior. Allowing a bad tenant to remain in the rental property will disturb other tenants and may also affect your business’s image.
Even if a tenant is clearly violating the terms and policies for renting the property, you still need to follow the proper eviction process. Also, don’t forget to do it with an eviction lawyer.
Though the eviction lawyer will handle the eviction, you should still have knowledge about the eviction process.
Knowing the right eviction process will make it easier for you to remove future tenants with bad behaviors.
Consider checking the rental laws in your area before proceeding to any definite action regarding the eviction. It’ll give you an idea of how you can file an eviction.
Remember, the eviction process may vary by the area. An eviction lawyer can actually give you details about the one for your location.
But usually, here are the common steps of an eviction process:
Look for a Valid Reason to Evict a Tenant
Property managers should first have a reason why they’ll evict a tenant. Most rental laws prohibit an eviction without a valid reason.
Make sure that you’re evicting a tenant for a valid reason. Otherwise, your eviction might be turned against you.
To help you avoid that, here are the common reasons why a tenant is evicted:
- Failing to pay rent.
- Violating the lease/agreement (such as by violating clauses on pets, subletting, illegal use, etc).
- Causing significant damage to property.
- Breaking noise, occupancy, or health ordinances.
- Health or safety hazards caused by the tenant.
After figuring out the right reason for eviction, consider sending an eviction notice first.
Usually, you’re required to give a warning or a notice to a tenant before deciding to proceed with an eviction.
Failing to do so will make the judge take the side of the tenant instead. That may lead to you losing the case, no matter how good your eviction lawyer is.
Give Proper Notice
A property manager must give an eviction notice before actually proceeding to the eviction process. The notice will explain the situation to the tenant.
Typically, it also contains details and the allotted time for the tenant to fix the problem that causes the eviction.
To help you with this process, here are some tips for making an eviction notice:
- The notice includes a deadline (date) to “fix the problem or move out”.
- Check the rental laws regarding eviction notice. This will give you an idea of when you should send the notice.
- If the tenant is being evicted because of failure to pay rent, the notice should include the amount owed (including all fees).
- The eviction notice should be taped or pinned to the tenant’s front door.
- You can send the notice via Certified Mail / Return Receipt Requested with the United States Postal Service (USPS).
- Consider using a state-specific eviction form template to avoid complications.
Prepare and File Your Eviction
Property managers prepare and file the eviction if the tenant fails to take action to the eviction notice. During this phase, getting assistance from an eviction lawyer is advisable.
The eviction lawyer will handle the paperwork for the eviction once the property manager files the eviction at the local courthouse.
The court will charge a fee to start the eviction process. After completing the paperwork, a clerk will give the hearing date and the court will notify the tenant about the eviction.
Prepare the Necessary Documents
After filing the eviction, the property manager needs to prepare the necessary documents such as:
- The tenant’s rental application,
- A copy of the lease agreement, and
- A copy of the eviction notice.
It’s also advisable to gather the bank statements that show the missing rent payments or returned checks. This’ll prove that the tenant has failed to pay rent on time.
Sometimes, property managers present the records of all communication between them and the tenant as well. This gives them more of an edge in the case than the tenant.
Failing to give all the necessary information will increase the possibility of you losing the eviction case.
Your eviction lawyer will be likely to explain that to you. He can also help you put together all the information and documents you need to submit to strengthen your case.
If the tenant is found guilty of all the accusations or charges, that’s only when you can evict the tenant. However, there are still guidelines that you need to follow.
Evict the Tenant from the Property
After the hearing, property managers are often required to give their tenant 48 hours to vacate the rented property.
The allotted time may vary and it still depends on the rental laws in the area. Ask your eviction lawyer about the rules in your area.
Some states require the landlord to give the tenants two to five days to leave the property.
If the tenant is still on the rented property after the given days, the property manager can get help from the police to remove the tenant.
Final Thoughts on Evicting a Tenant with an Eviction Lawyer
In this blog post, we talked about evicting a tenant with an eviction lawyer.
Property managers can’t just evict a tenant. There’s a proper procedure for evicting a tenant and it should be done with a qualified eviction lawyer.
Conducting an eviction without an eviction lawyer is illegal in all states. That’s one of the reasons why property managers need to get assistance from an eviction lawyer.
To evict a tenant, make sure you have just cause for eviction. An eviction lawyer can help you figure out if you have that.
After that, send a notice to the tenant to inform them about their situation. Remember, you can only file the eviction if the tenant fails to take action regarding the eviction.
Let the eviction lawyer handle the paperwork after you file the eviction. Prepare the tenant’s documents prior to the hearing date.
If you win the eviction with the help of your eviction lawyer, check rental laws in your area to know how you can remove the tenant from your property and how much time to give him for moving out.
This should have given you more insight into eviction and why you need an eviction lawyer. If you have more questions about an eviction lawyer, leave them in the comment section below.
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