3 Key Steps in the Property Eviction Process - What to Know
Managing rental properties entails a lot of important aspects to consider—from marketing your properties to dealing with your tenants down to maintaining your properties constantly.
One of the most challenging parts of having a rental property business is the eviction process. When some tenants have become non-compliant in their payments and haven’t responded to final notices, then it’s about time to kick them out.
Know, however, that all the actions you should take during the property eviction process should be within the bounds of laws. That said, here are three key steps in the entire eviction process that you should get acquainted with.
1. Provide pay or quit notice
Landlords should follow due process when evicting their tenants. Before any actual eviction occurs, you have to provide your tenants with a Pay or Quit notice by certified mail. This notice serves as a formal warning that the tenants are in violation of the lease agreement. It includes specific instructions on how to comply with the lease. It should also indicate the number of days allowed before an eviction is brought to court. When going through an eviction, make sure to comply with state and federal laws and act professionally.
2. File eviction forms
If no further actions have been taken after the specified number of days for compliance, then it’s about time to file an eviction case via the court. When filing a what we call Forcible Detainer to remove the tenant, you need to fill out two forms: eviction complaint (starts the eviction case) and summons (informs the tenant about the eviction case). Both have to be filed with the court clerk and will then be delivered to the tenants through the local sheriff’s office. Know that when an eviction is filed, the judge will review the documentation related to the case and issue a ruling.
3. Evict the tenants and remove belongings
After the final judgment, the eviction itself ensues. The process includes the removal of the tenants and their belongings from the property. Take note that during the eviction, harassment or intimidation is a big no-no. Now, if there’s resistance, then a court order may be brought to local law enforcement to remove the tenants. Also, make sure to check your state requirements before removing a tenant’s personal belongings. Make sure to do all these in the best legal way.
Evicting tenants from your rental properties can be such a challenging and painful process. You want to ensure you have given ample considerations and have taken the right steps in the eviction process to avoid any legal implications. That said, make sure to follow the steps mentioned above—send eviction notices, file eviction forms, and evict the tenants the proper way.
Hire a property manager
If you aren’t sure how to handle the eviction process, then it’s about time to hire a property manager who can do the job for you. Your hired manager knows the legal matters concerning the proper eviction process of tenants and takes the right actions every step of the way. Aside from this, your property manager will be able to handle many other tasks that will ensure the success of your rental property business.
If you’re looking for a property manager in New York City, get in touch with us to see how we can help!