Eviction Process Q&A
One of the biggest benefits, other than finding good quality tenants is aligning yourself with a property management company familiar with the eviction laws and process. Disclaimer… I/we are not attorneys and this blog should not be construed as legal advise. We do however have some of the best attorneys in the state that work with us and our clients when we need them.
Being in Property Management we are unfortunately faced with the eviction process on occasion and it’s very common that we receive questions about the process, here are some of the questions we receive…
Q. When do you start the eviction process with tenants occupying your clients properties?
A. Rent is due on the 1st. We typically certify mail a 5 Day Notice on the 2nd or 3rd unless arrangements have otherwise been made. We start the process early which helps us two ways… One, we get bad tenants evicted as quickly as possible limiting the loss for our owners. And two, being strict with this process sets expectations for our tenants which limits us having these issues.
Q. How long does the eviction process take?
A. Depending on when our notice is received but here is a ballpark… Let’s assume our 5 Day notice mailed on the 2nd, delivered on the 5th. If FULL payment is not received by the 10th it’s sent to our attorney. By the following Wednesday we would likely be in court and 7 days later we should have a vacant property ready to clean and market to good quality tenants. If tenant is not yet vacated after the 7 days we take next appropriate action. Process is pretty fast because we have systems and a great team.
Q. How often do you have to evict tenants?
A. Thankfully, not very often. Most cases are from tenants we adopt from owner managed properties where they did not take the necessary steps to ensure a good tenant. We have standards and systems during the application process that limit us having to evict very often. See our Tenant Requirements for more information.
Q. Where have you seen the eviction process break down or ultimately fail?
A. We always prevail because we know the laws and contracts and know precisely what to do and when. I have some clients that used to manage their own properties that have had issues though. Most common mistakes are failure to give proper notice and accepting partial payments.
Q. If I have a property now that I want you to manage, will you handle the eviction process with the current occupant if needed?
Q. Once the eviction process is started can I refuse accepting payment from the tenant?
A. No. If the tenant shows up with all the funds including late fees, eviction fees, rent etc. we have to accept it from them. A judge will not evict them if they are willing and able to pay, even if its at court.
Q. Other than failure to pay rent what are other reasons for eviction?
A. Most common is for committing a crime. Our contract has a crime-free provision that allows us to terminate tenancy if a crime occurs.
Q. As the owner of the property do I have to be at court for an eviction?
A. When managed by us, no. One of our team members will be present if needed with our attorney.
Q. I am tired of the headaches, how long does it take to turn everything over to you?
A. Only a couple days to get necessary paperwork signed and tenant notified. It’s easy and we are here to help. Contact us to start the process!