Rents must be paid on time each month if you are a landlord. At some point during your tenure, you might be surprised at how likely it is that you will face eviction.
Data on US evictions has been compiled in recent years and shows just how common eviction is. It is estimated that there were 2.3 million eviction lawsuits filed in the United States in 2016.
With our resources and legal information, we aim to help landlords across the nation operate their properties legally.
Eviction: What Does It Mean?
Tenant evictions are more than just removing tenants from a rental property. A legal process involving a lot of paperwork is actually a very long and complex one.
Since evictions are legal proceedings, landlords must ensure that they have legal grounds for filing before beginning the process. Although the legal grounds vary by state, they are generally based on a serious (and often repeated) breach of lease terms by the tenant. Tenants who fail to pay rent for a prolonged period of time are among the most likely to be evicted in America, although serious property damage and other offenses can also justify eviction.
Is there a way to avoid being evicted?
Landlords are often burdened with several thousand dollars in expenses during the eviction process. It costs much less to conduct a thorough background check and credit check before signing the lease, for instance, and ask for references than it does to evict tenants. For avoiding future evictions, you may want to start screening your tenants thoroughly if you haven’t already.
What is the average time it takes for the process to be completed?
The process will take 3 weeks in some states, and 3 months in others. The eviction process can, however, be slowed or stopped by certain circumstances.
How Does the Eviction Process Work?
We’ll now explore the steps involved in eviction. This process may be referred to differently in different parts of the world, and the time period between each step may also vary depending on where you live. Make sure you are familiar with the eviction laws in your state before starting the eviction process. State eviction laws can vary widely from one state to another.
A pay or quit notice must be filed and delivered in step one
Taking a tenant out of a property does not end an eviction. Before evicting a tenant, you should give them a chance to fix the financial issue. There is a process called Pay or Quit, which is also called Pay or Vacate.
Tenants are informed of specific violations by a Pay or Quit notice. In addition to providing steps and timelines for compliance with the lease, it also lays out how they can avoid eviction. In addition to posting a Pay or Quit notice on the door of the property, we recommend that you send a copy by certified mail so that you have a legal record of when it was sent.
State-by-state requirements vary regarding the tenant’s compliance deadline. Here is a breakdown of state laws regarding overdue rent and avoiding eviction to give you an idea how it works.
When tenants fail to comply with eviction notices, step 2 is to proceed with eviction paperwork
An eviction process will stop if the tenant complies with the Pay or Quit notice. It’s time to file eviction documents with the court if they fail to comply.
A Pay or Quit notice was not followed by the tenant, so you will need to file an Eviction Complaint. In the next step, you will issue a summons to the tenant letting them know the eviction case is being handled. Your local sheriff’s office typically delivers the summons to the tenant.
Tenant removal: Step 3
After you have been granted the eviction, the tenant should vacate the property immediately. During this time, ensure that you maintain a professional demeanor and refrain from harassing or intimidating others.
You must comply with state law when removing the tenant’s belongings. You should know whether the removal of their belongings falls under the jurisdiction of the court or if it is your responsibility to handle it.
The eviction process can be affected by a number of factors
There are always going to be unique challenges when it comes to evictions. It should be noted that evictions are affected more frequently by a few scenarios than others. Some of these include:
- The Pay or Quit notice must be complied with by the tenant in order for the eviction process to be halted
- Acceptance of full or partial rent by the landlord, which may terminate the eviction process
- Declaration of bankruptcy by the tenant, which halts the eviction process
- Screening your tenants properly before signing a lease is the best way to avoid this whole process.
The Constraints of the Law When Navigating the Eviction Process
An eviction process is never a pleasant experience for a landlord. Make sure you navigate the eviction process within the constraints of your state’s laws if you are dealing with a tenant in violation of the lease.
It can be a challenge to manage property, but we offer resources that make it easier. For more information on evictions, please feel free to contact us.