There are numerous steps that must be taken before you begin the eviction process. Please keep in mind this is not legal advice. We are simply sharing our information and the process we follow at our company while dealing with evictions.
Being a property management company we will protect our owner and their rights by taking all necessary steps to make sure the tenant has been given every opportunity to pay their past due balance.
- The tenant must be served a 3-day “Pay or Vacate” notice. This notice must be delivered to the tenant either by certified mail, posted to the property or given to the tenant directly.
- Remember that tenant will have to respond within 72 hours from when the notice was delivered to them. All of this is time sensitive, make sure you keep track of exactly when the notice was delivered to the tenant.
- If the tenant responds to the notice before 72 hours and makes a full payment or a payment plan agreed upon by both parties, then you no longer need to move forward with the eviction process.
- If the tenant does not respond to the 72 hour notice, your next step is to move forward with the eviction process. This includes, contacting and sending all proper documentation to your attorney to begin evicting the tenant.
- Once the eviction paperwork has been sent to the attorney, your property management company can no longer negotiate or accept any payments from the tenant. All communication and payment from this point on must go through the attorney’s office.
- When your attorney has all necessary and proper documentation he/she will submit a 72 Hour Notice of Restitution. Which must be signed by a judge.
- At this time the tenant can either leave the property voluntarily, or a constable will meet with your property manager or you (if you’re managing your own property) at the location to complete the lock out.
The eviction process is a very serious issue and can be a hard process for all parties involved. Being evicted is very damaging to the tenant’s credit report and can also be an issue for them being able to rent another property in the future.
If you are represented by a property management company you might have already experienced a tenant being evicted and seen how much easier it is to have somebody represent and protect you, your rights and your property. There are many benefits to having a property management company assist you in maneuvering through these legal and difficult situations.
*This information is provided as a courtesy and is not to be considered in any way legal advice.