Tenant Screening News
Be Careful When Evicting Tenants
Did you know
that if your building has multiple owners, each name must be on eviction paperwork
filed with the court? Leave one name off, and you could have your case
dismissed.
That’s just one of little things that keeps many
landlords from getting tenants evicted in a timely manner. It’s important to follow
the rules in your state very carefully. They vary, but there are basic
processes you should be aware of:
First, you have to give your tenant written notice that the lease will be terminated unless they pay the rent,
move the RV, pay the damages they owe, etc. The notice will be either a “pay or
quit” or “cure or quit” form. For example, in most states, you have to give
tenants notice that unless they pay back rent in three to five days,
they must quit the premises. Or, you might give a tenant 10 days to find a new
place to park the RV.
For those who repeatedly violate the terms of their
leases, you can issue an unconditional quit notice, after which the tenant
must leave immediately. These are often used for chronic late rent,
illegal activities or serious damages (like after a really rowdy party).
If the tenant doesn’t move out, then you can begin
legal proceedings, starting with a summons for eviction. The
tenant might fight the eviction, find ways to delay it or expose errors in your
paperwork (see above), each of which could prevent you from winning your case.
If you do win, the judge will issue a judgment for
possession of the property. Then you must check your state’s laws
pertaining to tenants’ property. Most states will have local law enforcement
issue the tenant a notice of how many days they have to remove their belongings
from the rental property.
If you’re in doubt about your state’s laws or exactly how to
proceed with an eviction, contact a lawyer who’s familiar with—or
specializes in—landlord-tenant law.
