There are many important duties that a property manager must follow through with to keep their property in good working order. When a resident fails to pay rent or has broken terms listed in the rental agreement, it is grounds for eviction. Filing eviction on a resident is a serious legal situation and can become awfully expensive, but it must be done. Let us look at the process a property manager must take to file this eviction on a delinquent resident.
Once a resident is considered late, to legally initiate the eviction process, you will need to begin with a written notice that you intend to terminate the rental agreement. This typically stems from one of two situations: Either they have not paid rent, or they have violated one or more terms of the rental agreement. The type of misbehavior you are addressing will determine the type of notice you deliver. For an eviction notice of any kind to be enforceable, it must be delivered in person or posted on the property in clear view. In the notice, include the reason you are initiating the eviction, the steps the resident can take to avoid being evicted, and the date by which the tenant must resolve the issue or vacate.
There are two specific types of letters that a property manager may use more often than any others this can include, A Pay Rent or Quit, this notice is used when the tenant has failed to pay rent. The terms of this notice will give your resident a few days (typically three to five) to pay whatever rent they owe or vacate the property. The second type of letter is called A Cure or Quit notice, this can be given when a resident violates a condition of the lease or rental agreement. Maybe they have more people living there than your occupancy clause allows, or you have discovered they have a dog in clear violation of your no-pets policy. This type of notice will also give the resident a set amount of time to rectify the situation or move out.
After you have given notice, if the resident fails to fix the issue or move out as you have asked, you can then file an eviction also known as a dispossessory with the county court. This filing is your legal request to regain possession of the property and/or request payment for back rent or damages. The resident can file a counterclaim also known as an answer. In the next step of the eviction process, both you and the tenant will present your cases in a hearing. Each of you will be allowed to argue your side of the story and cross-examine the other before the judge makes a ruling. If you are awarded possession of the property, the tenant will be forced to move out. This is a decision you can enforce. The tenant will generally be given a length of time to gather their belongings and vacate the property, pending an appeal. However, if they continue to occupy the property after this period, you can then invite an officer of the law to present the tenant with an Order for Possession. This notifies the tenant that they have a certain number of days before the sheriff will be back to forcibly remove the tenant and their belongings from the property.
In conclusion, having an eviction being filed against you can be stressful on not only the property manager but the resident as well. The resident will also have the long-term effects of having this process stay on their record making it harder on them to find housing in the future. So save yourself the embarrassment and pay rent when it comes due and be sure to be a great neighbor in your community and abide by the rules and regulations listed in your contract.