Going through an eviction is not something a landlord hopes for or anticipates when they purchase their first rental property. Although there are many steps you can take to reduce the likelihood of an eviction taking place, there is always the possibility that something unforeseen could come up.
How do we handle evictions?
At Rincon Property Management, we collect rent on the same date each month. If the tenant is unable to pay the rent, or does not pay the rent, for any reason, we will provide the tenant with a 3-day notice to pay or quit. This notice provides the tenant with three full business days to either pay the rental payment or move out, to not face eviction. If they do not move out or provide the remaining rental payment, we will contact a local attorney.
It is important to us that the property owners are informed and aware throughout this process. We update property owners any time a notice is given to a tenant, any decisions about the situation are made, and before we contact an attorney. The owner must be in full support of the decision to proceed with eviction, or agree to another solution.
If they decide to allow the eviction to proceed, the attorney will handle the situation from that point on. The attorney will serve notice to the tenant, informing them that they are being evicted, and file the necessary documents in court. At the end of the process, the sheriff will perform a lockout of the property and physically remove the tenants. At that point, we will store the tenant’s belongings for up to eighteen days and coordinate with the tenant to resume possession of their items.
As the property management company, we ensure we provide the attorney with any necessary documentation or information. We will also attend court to ensure all information is correct, and provide further documentation as needed. In these cases, the remaining rental payment may or may not end up being paid. However, the faster the tenant is removed, the faster a new tenant who is timely with rental payments can inhabit the unit. The eviction process can be lengthy, taking from 4-6 weeks on average, but can be even longer.
What should be avoided when evicting a tenant?
When evicting a tenant, there are a few things we avoid doing in an effort to comply with all legal requirements and allow the process to move quickly. We do not discuss the eviction with tenants or try to negotiate with tenants outside of the legal process once the eviction process has begun. We also do not attempt to remove the tenant from the unit, or any of their possessions, aside from initiating the legal eviction process.
Once this process has started, we will not accept rental payment. Once the process is in motion, the attorney will handle all tenant inquiries, payments, etc. Accepting payments or communicating further can often complicate the process.
For example, if a property owner was handling their own eviction and began the eviction process in court but accepted payment from the tenant on the fifth day before the eviction was completed, the eviction would be canceled. For this reason, it is best to let a legal professional handle this process or to handle any issues that may arise.
What can tenants be evicted for?
There are two types of evictions that can occur. These are at-fault evictions and no-fault evictions.
At-fault evictions happen when the tenant is in breach of their lease. Reasons for eviction can include failure to provide rental payment, unauthorized animals occupying the property that was not removed after notice, illegal activity, and any other violation of their signed lease agreement. If it is a curable violation, we provide a 3-day notice to cure or quit, which is very similar to the pay or quit notice discussed above.
No fault evictions occur when the owner wants to terminate a tenant’s lease without the tenant having violated the lease agreement in any way, or for any of the reasons listed above. Because this is not a true eviction, there is no legal eviction process in court to go through and an attorney is not necessarily needed. The owner must provide a notice to terminate tenancy within 4-6 weeks (depending on the length of their tenancy, and longer in the case of exacerbating situations such as the COVID-19 pandemic). If the tenant does not leave by that deadline, it will then turn into an at-fault eviction, and the formal eviction process listed above would need to be followed.
The eviction process can take some time, and can be made longer by not following the process correctly. Handling this process quickly and properly will reduce the time in which the owner is not receiving rental payments, and can help get a new tenant into the property faster.
Overall, the eviction process can be complicated. It is essential that this process is done legally and in the proper way. We recommend that any property owner attempting to evict a tenant seek out legal assistance to ensure they are following all guidelines.
