Top Three Things to Do In An Eviction

Going through the eviction process is not something any landlord hopes for. When talking with potential clients, we often hear concerns about the possibility of an eviction coming up while renting out the property. Although this is not a common occurrence at Rincon Property Management, it is something that we are prepared to manage if it comes up. Below we share with you the top three things you should do when you begin the eviction process.

Look at local, federal and state guidelines

The first thing you should do when you believe you are going to enter into the eviction process with a tenant is to look at the local, state and federal guidelines. These guidelines, along with the lease agreement, can determine the reasons for which a tenant can be evicted. It can also outline the process that you must follow to stay compliant.

Situations where a tenant violates elements in the lease agreement or stops paying rent could both qualify as reasons to evict. Researching these guidelines can help best inform you on what steps to take, how to best communicate with the tenant, and what type of notices you must provide.

Seek professional help

This is perhaps the most important point we can make. The eviction process can be complicated and time-consuming. With ever-changing local, state and federal guidelines, like we shared above, it can be difficult to ensure you are truly being compliant. Mistakes being made throughout the process can be costly, or can delay the process altogether, which ultimately results in a greater loss of income.

Because we utilize a local legal firm to best inform us of any legal issues that may arise while managing a property, we are able to be sure we are always following the process accurately. Landlords can choose to utilize a property management company who can facilitate this process for them, or can choose to reach out directly to professional legal help.

Having a property management company in place often means that the situation will be addressed more quickly, the process will be followed more accurately, and legal assistance will become involved sooner. This can result in saving money as a new tenant can move into the property sooner if the eviction process goes quickly.

Do not get involved after the process has begun

It is always in the property owner’s best interest to avoid getting involved with the tenant or the process once the eviction has begun. If you receive professional legal help, or hire a property management company, this will likely not be an issue or will be communicated to you. However, when someone is handling the eviction process on their own, they may feel compelled to communicate with the tenant, discuss the legal process with the tenant, or accept full or partial rental payments. It is imperative that the property owner does not do this, as it can delay or stop the eviction process altogether. Accepting rental payments in any amount during the eviction process will “cancel” it. 

If you are managing your own property and believe that you have reached a point where eviction is necessary, we recommend that you ultimately seek out professional help, ensure you are up-to-date on all laws, and stay out of the weeds while the eviction process is ongoing.

To learn more about the eviction process, please view our recent articles in this series: What Happens When a Tenant Stops Paying Rent?, and The Eviction Process: The Good, The Basics and The Ugly. To view other, similar content, visit our Learning Hub, here.