The eviction process is a different way of communicating with a problem tenant.
Sometimes the manager must use the eviction process to get full attention from tenant or finally to regain possession of the rental property. This page/article is based on current
housing laws in the U. S. A.
The Eviction Process starts for nine reasons specified by law:- Nonpayment of rent;
- Extensive and continuing physical injury to property;
- Serious and continuing health hazard;
- Illegal drug activity and formal police report filed (lease provision must allow for termination);
- Violation of the lease provision and the lease allows for termination;
- Forceful entry OR peaceful entry, but forceful stay OR trespass;
- Holding over after natural expiration of lease term;
- "Just cause" for terminating tenant of mobile home park;
- "Just cause" for terminating tenant of government-subsidized housing;
The Eviction Process starts with a proper
Notice of Eviction
and may involve court appearances and a trial. An Order of Eviction may be issued and a court officer or someone from the sheriff's office may remove the tenant and tenant's personal items from the rental property.However, there are many steps in the eviction process before the tenant is physically removed. Most managers and tenants reach a settlement or agreement long before the matter moves that far.
How much notice must be given to the tenant before the manager may file suit?
Each reason for eviction has a specific amount of time that MUST pass before the manager may commence a lawsuit - either
24 hours or 7 days or 30 days.
If some agreement cannot be worked out, and if the eviction notice has been properly delivered and the 24 hour or 7- or 30-day time period has passed, the manager may commence a lawsuit - known as Summary Preceding action.
Checklist for commencing a lawsuit.
My lawyer is taking care of these from this moment.
- The notice of Eviction was properly delivered to tenant, and the proper time period, either 24 hours or 7 days or 30 days has passed.
- Complaint and Summons are properly completed;
- Copies of the Notice of Eviction and Lease are attached to the Complaint;
- All paperwork is filled with the appropriate district or municipal court;
- All paperwork is properly delivered to the tenant. The Summons has a "MUST appear in court" date.
Most of my legal actions are for nonpayment of rent.
At this moment the tenant sees that I am ready to evict him/her legally with the district court help, he/she is coming with rent money. We accept the money and are ready to restart the eviction process later, if necessary. If no payment, minutes before the trial my lawyer is reading to the tenant the amount due now and the court cost in top of that. Usually the tenant recognizes these numbers are correct. Then, right there before getting in front of the judge I say: "I will forget all money due if you leave the apartment in 24 hours" and my lawyer is writing my offer for judge. Inside the court the judge is telling the tenant his options at this time, including my last minute offer. Sometimes the tenant is leaving in 24 hours and we can start cleaning. If he/she is not leaving in 24 hours, in about 10 days, my lawyer is asking the court to issue the Order of Eviction to regain apartment possession with sheriff's help. If the tenant leaves without forwarding address before I get the Order of Eviction I have two options: take possession, change the locks and forget about money judgment or complete the eviction process and mark that individual's credit report to acknowledge other landlords what kind of person he/she is. The tenant credit report will have the court judgment date and the money damage listed, available for next application time. The end of the eviction story. I consider most eviction as miscommunication and I do all efforts from my part to explain to tenant his options before he/she gets stuck with an Order of Eviction. Sometimes the
bad tenant
does not care about consequences and "enjoys" some free rent weeks; for sure, but not free rent months from us.
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