Hi everyone! My name is Nancy Wallace LOB’s, owner of KBN Homes Property Management. Today, we’re talking about a topic that I don’t encounter often but is crucial to understand: evictions.
You’ve got a tenant, and everything seems fine until it isn’t. Something goes wrong, and now we’re facing an eviction. So, what do you need to know?
Common Reasons for Evictions
The most typical reasons for eviction include:
- Non-payment of rent: The most common reason.
- Failure to maintain the property: The tenant doesn’t take care of the home.
- Abandonment of property: The tenant leaves without notice.
Other breaches exist, like overgrown weeds or too many cars parked in the yard, but these are less likely to lead to eviction due to the time and effort involved.
Know the Property Code
First and foremost, know the property code. You can’t just throw someone out. You have to follow legal procedures, which means giving the proper notice and having proof that the tenant received it.
Verifying Breaches
You need evidence of the breach. For example, if it’s non-payment of rent, how will you prove it? Have a solid system in place to document and prove that rent has not been paid.
Notifying the Tenant
Notify your tenant that they are in breach of the lease. Even if it seems obvious, it’s a legal requirement. Give them a chance to correct the issue. Usually, this means giving them a three-day notice to pay up or move out. Ensure this three-day period falls on weekdays when you can accept payment.
Proper Documentation
All your communication methods with the tenant should be outlined in the lease agreement. The way you notify them of breaches or any important information is crucial. For example, if their email address isn’t listed in the lease, you can’t send them notices that way.
Eviction Goals
Remember, the goal isn’t just to evict the tenant. The objective is to minimize financial damage to the owner and avoid a vacant property. Keeping the place rented benefits both the owner and you as a property manager.
Filing for Eviction
If things haven’t been resolved, it’s time to file for eviction. Here’s what you need to know:
- File in the correct precinct: This is where the property is located. Know the precinct to file your eviction paperwork properly.
- In-person filing: Although online filing is available, I prefer filing in person to ensure everything is correct and to get a court date immediately.
Avoiding Common Pitfalls
Make sure your paperwork is accurate. Handwritten forms can be hard to read. Filling them out correctly ensures the tenant gets served.
Appearing in Court
On the court day, dress appropriately—no flip-flops or cut-offs. Business casual works fine. Be respectful to everyone, including the tenant. Stick to the facts and have all your documentation ready.
Courtroom Etiquette
You might wait a while for your name to be called. It can feel awkward, but stay calm and professional. Present your case clearly and let the documentation back you up.
After the Judgment
Once you get the judgment, next is obtaining a Writ of Possession. This takes about five days. If the tenant still refuses to leave, you’ll need to get the sheriff involved. Here’s what to do:
- Arrange for a locksmith: To change the locks.
- Hire movers: To place the tenant’s belongings on the curb, legally.
- Change garage codes: Don’t forget to reprogram any garage door openers.
Changing Locks
Once the tenant is out, always change the locks and reprogram garage door codes. It’s a small step but crucial for security.
Final Thoughts
Handling evictions is a challenging but essential aspect of property management. By understanding the common reasons for evictions, adhering to the property code, maintaining proper documentation, and following legal procedures, you can navigate this difficult process effectively.
Remember, the goal is not just to remove a tenant but to minimize financial damage and maintain the property’s occupancy. By staying professional, respectful, and prepared, you can ensure a smoother eviction process that protects the interests of both the property owner and your management business.
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