Having an investment property is generally a wonderful venture with lots of benefits. However, one can be faced with a situation where one must evict someone. They’re awkward, difficult, and emotionally charged processes requiring a firm approach. You need to stay level-headed and take steps to protect yourself and your investments throughout the process. With the right strategies in place, you can easily navigate eviction procedures in property management.
Because it’s our mission to help managers, we have put together some tips to help those who deal with this.
Reasons you can evict a tenant for
First things first, let’s go over some common, legal reasons for which you can start an eviction process.
- Nonpayment of rent – An obvious reason is if they have not paid rent or if they have a pattern of late or partial payments, as this behavior endangers your investment.
- Lease violations – If a tenant breaches the terms of the lease, such as smoking indoors, having pets, or unauthorized guests.
- Damage to the property – The tenant has significantly damaged the property by painting the walls without permission or disrupting the peace.
- Illegal activities – You can evict a tenant if they are engaging in illegal activities on the property, such as drug use or prostitution.
- End of lease – If the lease term has ended, you can evict a tenant if they have not renewed the lease.
- Disturbing neighbors: Tenants must not cause a nuisance to their neighbors. The landlord can start this process if a tenant’s behavior disrupts or disturbs their neighbors.
Send a proper notice
The first step when dealing with this is to send a notice. To do this, you need to have a knowledge of the legal aspects of evictions. In some states, landlords are required to provide tenants with a written 30-day notice. Note that some states require landlords to provide tenants with specific information, such as the amount of time they have to move out and the legal consequences of failing to do so.
After you find out what regulations you need to respect will help you draw up the notice. This notice should be delivered in person to the tenant or sent by certified mail, return receipt requested. According to these property managers in San Diego, the notice should include the tenant’s full name, the address of the rental property, the reason for the eviction, the date by which the tenant must vacate the property, and any other relevant information. You should also include a statement confirming that the tenant has the right to dispute the eviction in court or to request an extension of the notice period.
Other documents required
Aside from the eviction notice, you need to have several other documents ready as a landlord. This includes a written lease agreement between the landlord and tenant and any notices from the court. The landlord should also have proof of ownership of the property, such as a deed or title and a copy of the tenant’s rental agreement.
In some states, you must also provide the tenant with a court order or a writ of possession, which is an order from the court stating that the tenant must vacate the premises. A sheriff or other law enforcement officer must serve the court order on the tenant.
Stay within the law
We advise you to keep all records you have, from online conversations to all paperwork, as these could be used later in legal disputes. Remain professional and keep legal boundaries when dealing with the tenant. This includes things like not cutting out electricity or utilities.
To ensure you’re following the law, we recommend consulting with an attorney to ensure the eviction is handled properly and in accordance with the law. The attorney can provide advice and guidance on the best approach to take in each situation.
In some cases, landlords may need to pursue legal action against a tenant to begin eviction. This typically involves filing a complaint in court and attending a hearing. During the hearing, both parties can present their case, and the judge will decide whether or not the eviction is valid. Be prepared for the hearing and have all the necessary documents and evidence ready.
Here, you must remain patient as such proceedings can be pricey and time-consuming. Before you begin them, weigh the costs and benefits and consider other options, such as mediation or private negotiation.
Even though evictions can be a potential storm, we hope to have brought light to this topic. One of the best things you can do in these times is to have a property manager on your side to handle it professionally. Not only will it take a lot less time for you, but they know how to do it efficiently from the beginning, with fewer headaches and delays.
Get in touch with us today and learn more about our services.